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PRINTER'S NO. 2087
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1699
Session of
2025
INTRODUCED BY HANBIDGE, SHUSTERMAN, McNEILL, WAXMAN, HILL-EVANS,
MAYES, HOWARD, SANCHEZ, D. WILLIAMS AND BRIGGS, JULY 7, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JULY 7, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for award of custody, repealing provisions relating to
relocation and providing for relocation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5323(c) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5323. Award of custody.
* * *
(c) Notice.--Any custody order shall include notice of a
party's obligations under section [5337] 5337.1 (relating to
relocation).
* * *
Section 2. Section 5337 of Title 23 is repealed:
[§ 5337. Relocation.
(a) Applicability.--This section applies to any proposed
relocation.
(b) General rule.--No relocation shall occur unless:
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(1) every individual who has custody rights to the child
consents to the proposed relocation; or
(2) the court approves the proposed relocation.
(c) Notice.--
(1) The party proposing the relocation shall notify
every other individual who has custody rights to the child.
(2) Notice, sent by certified mail, return receipt
requested, shall be given no later than:
(i) the 60th day before the date of the proposed
relocation; or
(ii) the tenth day after the date that the
individual knows of the relocation, if:
(A) the individual did not know and could not
reasonably have known of the relocation in sufficient
time to comply with the 60-day notice; and
(B) it is not reasonably possible to delay the
date of relocation so as to comply with the 60-day
notice.
(3) Except as provided by section 5336 (relating to
access to records and information), the following
information, if available, must be included with the notice
of the proposed relocation:
(i) The address of the intended new residence.
(ii) The mailing address, if not the same as the
address of the intended new residence.
(iii) Names and ages of the individuals in the new
residence, including individuals who intend to live in
the new residence.
(iv) The home telephone number of the intended new
residence, if available.
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(v) The name of the new school district and school.
(vi) The date of the proposed relocation.
(vii) The reasons for the proposed relocation.
(viii) A proposal for a revised custody schedule.
(ix) Any other information which the party proposing
the relocation deems appropriate.
(x) A counter-affidavit as provided under subsection
(d)(1) which can be used to object to the proposed
relocation and the modification of a custody order.
(xi) A warning to the nonrelocating party that if
the nonrelocating party does not file with the court an
objection to the proposed relocation within 30 days after
receipt of the notice, that party shall be foreclosed
from objecting to the relocation.
(4) If any of the information set forth in paragraph (3)
is not known when the notice is sent but is later made known
to the party proposing the relocation, then that party shall
promptly inform every individual who received notice under
this subsection.
(d) Objection to proposed relocation.--
(1) A party entitled to receive notice may file with the
court an objection to the proposed relocation and seek a
temporary or permanent order to prevent the relocation. The
nonrelocating party shall have the opportunity to indicate
whether he objects to relocation or not and whether he
objects to modification of the custody order or not. If the
party objects to either relocation or modification of the
custody order, a hearing shall be held as provided in
subsection (g)(1). The objection shall be made by completing
and returning to the court a counter-affidavit, which shall
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be verified subject to penalties under 18 Pa.C.S. § 4904
(relating to unsworn falsification to authorities), in
substantially the following form:
COUNTER-AFFIDAVIT REGARDING RELOCATION
This proposal of relocation involves the following
child/children:
Child's Name Age Currently residing at:
...................... ........................................
Child's Name Age Currently residing at:
...................... ........................................
Child's Name Age Currently residing at:
...................... ........................................
I have received a notice of proposed relocation and
1. .... I do not object to the relocation and I do not object
to the modification of the custody order consistent with the
proposal for revised custody schedule as attached to the notice.
2. .... I do not object to the relocation, but I do object to
modification of the custody order, and I request that a hearing
be scheduled:
a. .... Prior to allowing (name of child/children) to
relocate.
b. .... After the child/children relocate.
3. .... I do object to the relocation and I do object to the
modification of the custody order, and I further request that a
hearing be held on both matters prior to the relocation taking
place.
................................................................
I understand that in addition to checking (2) or (3) above, I
must also file this notice with the court in writing and serve
it on the other party by certified mail, return receipt
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requested. If I fail to do so within 30 days of my receipt of
the proposed relocation notice, I shall be foreclosed from
objecting to the relocation.
................................................................
I verify that the statements made in this counter-affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. § 4904 (relating to
unsworn falsification to authorities).
Date:
................................................................
................................................................
(2) An objection made under this subsection shall be
filed with the court within 30 days of receipt of the
proposed relocation notice and served on the other party by
certified mail, return receipt requested.
(3) If notice of the proposed relocation has been
properly given and no objection to the proposed relocation
has been filed in court, then it shall be presumed that the
nonrelocating party has consented to the proposed relocation.
(4) If a party who has been given proper notice does not
file with the court an objection to the relocation within 30
days after receipt of the notice but later petitions the
court for review of the custodial arrangements, the court
shall not accept testimony challenging the relocation.
(e) Confirmation of relocation.--If no objection to the
proposed relocation is filed under subsection (d), the party
proposing the relocation shall file the following with the court
prior to the relocation:
(1) an affidavit stating that the party provided notice
to every individual entitled to notice, the time to file an
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objection to the proposed relocation has passed and no
individual entitled to receive notice has filed an objection
to the proposed relocation;
(2) Proof that proper notice was given in the form of a
return receipt with the signature of the addressee and the
full notice that was sent to the addressee.
(3) a petition to confirm the relocation and modify any
existing custody order; and
(4) a proposed order containing the information set
forth in subsection (c)(3).
(f) Modification of custody order.--If a counter-affidavit
regarding relocation is filed with the court which indicates the
nonrelocating party both has no objection to the proposed
relocation and no objection to the modification of the custody
order consistent with the proposal for revised custody schedule,
the court may modify the existing custody order by approving the
proposal for revised custody schedule submitted under subsection
(c)(3)(viii), and shall specify the method by which its future
modification can be made if desired by either party. If a
counter-affidavit regarding relocation is filed with the court
which indicates the nonrelocating party objects either to the
proposed relocation or to the modification of the custody order
consistent with the proposal for revised custody schedule, the
court shall modify the existing custody order only after holding
a hearing to establish the terms and conditions of the order
pursuant to the relocation indicating the rights, if any, of the
nonrelocating parties.
(g) Hearing.--
(1) Except as set forth in paragraph (3), the court
shall hold an expedited full hearing on the proposed
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relocation after a timely objection has been filed and before
the relocation occurs.
(2) Except as set forth in paragraph (3), the court may,
on its own motion, hold an expedited full hearing on the
proposed relocation before the relocation occurs.
(3) Notwithstanding paragraphs (1) and (2), if the court
finds that exigent circumstances exist, the court may approve
the relocation pending an expedited full hearing.
(4) If the court approves the proposed relocation, it
shall:
(i) modify any existing custody order; or
(ii) establish the terms and conditions of a custody
order.
(h) Relocation factors.--In determining whether to grant a
proposed relocation, the court shall consider the following
factors, giving weighted consideration to those factors which
affect the safety of the child:
(1) The nature, quality, extent of involvement and
duration of the child's relationship with the party proposing
to relocate and with the nonrelocating party, siblings and
other significant persons in the child's life.
(2) The age, developmental stage, needs of the child and
the likely impact the relocation will have on the child's
physical, educational and emotional development, taking into
consideration any special needs of the child.
(3) The feasibility of preserving the relationship
between the nonrelocating party and the child through
suitable custody arrangements, considering the logistics and
financial circumstances of the parties.
(4) The child's preference, taking into consideration
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the age and maturity of the child.
(5) Whether there is an established pattern of conduct
of either party to promote or thwart the relationship of the
child and the other party.
(6) Whether the relocation will enhance the general
quality of life for the party seeking the relocation,
including, but not limited to, financial or emotional benefit
or educational opportunity.
(7) Whether the relocation will enhance the general
quality of life for the child, including, but not limited to,
financial or emotional benefit or educational opportunity.
(8) The reasons and motivation of each party for seeking
or opposing the relocation.
(9) The present and past abuse committed by a party or
member of the party's household and whether there is a
continued risk of harm to the child or an abused party.
(10) Any other factor affecting the best interest of the
child.
(i) Burden of proof.--
(1) The party proposing the relocation has the burden of
establishing that the relocation will serve the best interest
of the child as shown under the factors set forth in
subsection (h).
(2) Each party has the burden of establishing the
integrity of that party's motives in either seeking the
relocation or seeking to prevent the relocation.
(j) Failure to provide reasonable notice.--The court may
consider a failure to provide reasonable notice of a proposed
relocation as:
(1) a factor in making a determination regarding the
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relocation;
(2) a factor in determining whether custody rights
should be modified;
(3) a basis for ordering the return of the child to the
nonrelocating party if the relocation has occurred without
reasonable notice;
(4) sufficient cause to order the party proposing the
relocation to pay reasonable expenses and counsel fees
incurred by the party objecting to the relocation; and
(5) a ground for contempt and the imposition of
sanctions against the party proposing the relocation.
(k) Mitigation.--Any consideration of a failure to provide
reasonable notice under subsection (i) shall be subject to
mitigation if the court determines that such failure was caused
in whole, or in part, by abuse.
(l) Effect of relocation prior to hearing.--If a party
relocates with the child prior to a full expedited hearing, the
court shall not confer any presumption in favor of the
relocation.]
Section 3. Title 23 is amended by adding a section to read:
§ 5337.1. Relocation.
(a) Applicability.--This section applies to any proposed
relocation.
(b) Conditions.--A relocation may not occur unless the
relocating party has filed a custody complaint with request to
relocate, if there is not an existing custody action, or a
petition for relocation and modification, if there is an
existing custody action, and:
(1) every individual who has custody rights to the child
consents to the proposed relocation by written agreement; or
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(2) the court approves the proposed relocation.
(c) Service.--
(1) The relocating party shall serve the custody
complaint with request to relocate or the petition for
relocation and modification by original process.
(2) The custody complaint with request to relocate or
the petition for relocation and modification shall be served
no later than:
(i) the 60th day before the date of the proposed
relocation; or
(ii) the 10th day after the date that the relocating
party knows of the relocation, if:
(A) the relocating party did not know and could
not reasonably have known of the relocation in
sufficient time to comply with the 60-day
requirement; and
(B) it is not reasonably possible to delay the
date of relocation so as to comply with the 60-day
requirement.
(d) Contents.--
(1) Except as provided under section 5336 (relating to
access to records and information), the following
information, if available, must be included in the custody
complaint with request to relocate or the petition for
relocation and modification:
(i) A notice on the front of the document containing
a warning to the nonrelocating party that if the
nonrelocating party does not file an answer to the
custody complaint with request to relocate or the
petition for relocation and modification within 20 days
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after service of the custody complaint with request to
relocate or the petition for relocation and modification
with the court, the nonrelocating party shall be
foreclosed from objecting to the relocation.
(ii) The address of the intended new residence.
(iii) The mailing address, if not the same as the
address of the intended new residence.
(iv) Names and ages of the individuals in the new
residence, including individuals who intend to live in
the new residence.
(v) The home telephone number of the intended new
residence, if available.
(vi) The name of the new school district and school.
(vii) The date of the proposed relocation.
(viii) The reasons for the proposed relocation.
(ix) A proposal for a revised custody schedule.
(x) Any other information that the party proposing
the relocation deems appropriate.
(xi) All information regularly included in a custody
complaint in accordance with Pa.R.C.P. Nos. 1915.3
(relating to Commencement of Action. Complaint. Order)
and 1915.15 (relating to Form of Complaint. Caption.
Order. Petition to Modify a Custody Order) when filing a
custody complaint with request to relocate.
(2) If any of the information specified in paragraph (1)
is not known when the custody complaint with request to
relocate or the petition for relocation and modification is
filed with the court but later becomes known to the
relocating party, the relocating party shall promptly file an
amended custody complaint with request to relocate or an
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amended petition for relocation and modification with the
information included.
(e) Objection to proposed relocation.--
(1) If the nonrelocating party objects to the relocation
within 20 days of service of the custody complaint with
request to relocate or the petition for relocation and
modification, the nonrelocating party shall file an answer
objecting to the proposed relocation. If the nonrelocating
party objects to either relocation or modification of the
custody order, a full-factors hearing shall be held as
provided in accordance with subsection (f).
(2) If an answer objecting to the proposed relocation
has not been timely filed in court, it shall be presumed that
the nonrelocating party has consented to the proposed
relocation and the court shall enter an appropriate order.
(f) Expedited pretrial conference and hearing.--
(1) After the relocating party files a custody complaint
with request to relocate or a petition for relocation and
modification and an answer is filed, the court shall hold an
expedited pretrial conference. The court is encouraged to use
advanced technology, including video conferencing and
telephonic means, to enable the pretrial conference to occur
as quickly as possible. Ten days prior to the expedited
pretrial conference, the parties shall file pretrial
statements with the court, specifying a factual and
procedural history of the case and an analysis of the custody
factors and relocation factors.
(2) If an agreement is not reached at the pretrial
conference, the court shall hold a full-factors hearing on an
expedited basis.
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(3) If the court approves the proposed relocation, it
shall:
(i) modify any existing custody order; or
(ii) establish the terms and conditions of a custody
order.
(4) If the court does not approve the relocation, it
shall enter an appropriate order.
(g) Relocation factors.--In determining whether to grant a
proposed relocation, the court shall consider the following
factors, giving weighted consideration to those factors that
affect the safety of the child:
(1) The nature, quality, extent of involvement and
duration of the child's relationship with the relocating
party and with the nonrelocating party, siblings and other
significant individuals in the child's life.
(2) The age, developmental stage and needs of the child
and the likely impact that the relocation will have on the
child's physical, educational and emotional development,
taking into consideration any special needs of the child.
(3) The feasibility of preserving the relationship
between the nonrelocating party and the child through
suitable custody arrangements, considering the logistics and
financial circumstances of the parties.
(4) The child's preference, taking into consideration
the age and maturity of the child.
(5) Whether there is an established pattern of conduct
of either party to promote or thwart the relationship of the
child and the other party.
(6) Whether the relocation will enhance the general
quality of life for the relocating party, including financial
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or emotional benefit or educational opportunity.
(7) Whether the relocation will enhance the general
quality of life for the child, including financial or
emotional benefit or educational opportunity.
(8) The reasons and motivation of each party for seeking
or opposing the relocation.
(9) If applicable, the reason and motivation of the
relocating party for not filing a custody complaint with
request to relocate or a petition for relocation and
modification earlier to the extent that the reason and
motivation impacts the best interest of the child.
(10) The present and past abuse committed by a party or
member of the party's household and whether there is a
continued risk of harm to the child or an abused party.
(11) Any other factor affecting the best interest of the
child.
(h) Burden of proof.--
(1) The relocating party has the burden of establishing
that the relocation will serve the best interest of the child
as shown under the factors specified in subsection (g).
(2) Each party has the burden of establishing the
integrity of that party's motives in either seeking the
relocation or seeking to prevent the relocation.
(i) Failure to comply.--The court may consider a failure to
comply with this section as:
(1) a factor in making a determination regarding the
relocation;
(2) a factor in determining whether custody rights
should be modified;
(3) a basis for ordering the return of the child to the
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nonrelocating party if the relocation has occurred prior to
the filing of a custody complaint with request to relocate or
a petition for relocation and modification;
(4) sufficient cause to order the relocating party to
pay reasonable expenses and counsel fees incurred by the
nonrelocating party; and
(5) a ground for contempt and the imposition of
sanctions against the relocating party.
(j) Mitigation.--Any consideration of a failure to comply
with this section shall be subject to mitigation if the court
determines that the failure was caused, in whole or in part, by
abuse.
(k) Effect of relocation prior to hearing.--If a party
relocates with the child prior to a full expedited hearing, the
court shall not confer any presumption in favor of the
relocation.
Section 4. This act shall take effect in 60 days.
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