Pennsylvania HB 1699: 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.

Bill Text

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 Section 5337 of Title 23 is repealed: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 obj