The bill amends Title 23 of the Pennsylvania Consolidated Statutes to update the legal framework surrounding child custody and relocation. It introduces a new Section 5337.1, which outlines the conditions for relocation, while repealing the previous Section 5337. The updated Section 5323(c) mandates that any custody order must include notice of the obligations under the new relocation provisions. The bill requires that a relocating party file a custody complaint or petition for relocation and modification, ensuring that relocation cannot occur without the consent of all custody holders or court approval. It also establishes specific notice requirements, including a 60-day notice period or a 10-day notice if the relocating party was unaware of the move in time, and details the information that must be provided regarding the new residence and reasons for the relocation.
Furthermore, the bill emphasizes the importance of expedited hearings and pretrial conferences to address objections to relocation, ensuring a swift resolution. It stipulates that if a court approves a relocation, it must modify existing custody orders or create new terms, while also outlining factors the court must consider, such as the child's relationship with both parents and their developmental needs. The burden of proof lies with the relocating party to show that the move is in the child's best interests, and both parties must demonstrate the integrity of their motives. The bill also addresses non-compliance consequences and includes a mitigation clause for failures due to abuse, clarifying that relocating before a hearing does not create a presumption in favor of the move. The act is set to take effect 60 days after passage.
Statutes/Laws affected: Printer's No. 2087 (Jul 07, 2025): 23-5323(c)