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.

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
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in child custody, further providing
 3      for award of custody, repealing provisions relating to
 4      relocation and providing for relocation.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Section 5323(c) of Title 23 of the Pennsylvania
 8   Consolidated Statutes is amended to read:
 9   § 5323.    Award of custody.
10      * * *
11      (c)     Notice.--Any custody order shall include notice of a
12   party's obligations under section [5337] 5337.1 (relating to
13   relocation).
14      * * *
15      Section 2.     Section 5337 of Title 23 is repealed:
16   [§ 5337.    Relocation.
17      (a)     Applicability.--This section applies to any proposed
18   relocation.
19      (b)     General rule.--No relocation shall occur unless:
 1          (1)   every individual who has custody rights to the child
 2    consents to the proposed relocation; or
 3          (2)   the court approves the proposed relocation.
 4    (c)   Notice.--
 5          (1)   The party proposing the relocation shall notify
 6    every other individual who has custody rights to the child.
 7          (2)   Notice, sent by certified mail, return receipt
 8    requested, shall be given no later than:
 9                (i)    the 60th day before the date of the proposed
10          relocation; or
11                (ii)    the tenth day after the date that the
12          individual knows of the relocation, if:
13                       (A)   the individual did not know and could not
14                reasonably have known of the relocation in sufficient
15                time to comply with the 60-day notice; and
16                       (B)   it is not reasonably possible to delay the
17                date of relocation so as to comply with the 60-day
18                notice.
19          (3)   Except as provided by section 5336 (relating to
20    access to records and information), the following
21    information, if available, must be included with the notice
22    of the proposed relocation:
23                (i)    The address of the intended new residence.
24                (ii)    The mailing address, if not the same as the
25          address of the intended new residence.
26                (iii)    Names and ages of the individuals in the new
27          residence, including individuals who intend to live in
28          the new residence.
29                (iv)    The home telephone number of the intended new
30          residence, if available.

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 1                (v)     The name of the new school district and school.
 2                (vi)     The date of the proposed relocation.
 3                (vii)     The reasons for the proposed relocation.
 4                (viii)     A proposal for a revised custody schedule.
 5                (ix)     Any other information which the party proposing
 6          the relocation deems appropriate.
 7                (x)    A counter-affidavit as provided under subsection
 8          (d)(1) which can be used to object to the proposed
 9          relocation and the modification of a custody order.
10                (xi)     A warning to the nonrelocating party that if
11          the nonrelocating party does not file with the court an
12          objection to the proposed relocation within 30 days after
13          receipt of the notice, that party shall be foreclosed
14          from objecting to the relocation.
15          (4)   If any of the information set forth in paragraph (3)
16    is not known when the notice is sent but is later made known
17    to the party proposing the relocation, then that party shall
18    promptly inform every individual who received notice under
19    this subsection.
20    (d)   Objection to proposed relocation.--
21          (1)   A party entitled to receive notice may file with the
22    court an objection to the proposed relocation and seek a
23    temporary or permanent order to prevent the relocation. The
24    nonrelocating party shall have the opportunity to indicate
25    whether he objects to relocation or not and whether he
26    objects to modification of the custody order or not. If the
27    party objects to either relocation or modification of the
28    custody order, a hearing shall be held as provided in
29    subsection (g)(1). The objection shall be made by completing
30    and returning to the court a counter-affidavit, which shall

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 1        be verified subject to penalties under 18 Pa.C.S. § 4904
 2        (relating to unsworn falsification to authorities), in
 3        substantially the following form:
 4                   COUNTER-AFFIDAVIT REGARDING RELOCATION
 5   This proposal of relocation involves the following
 6   child/children:
 7   Child's Name             Age              Currently residing at:
 8   ...................... ................. .......................
 9   Child's Name             Age              Currently residing at:
10   ...................... ................. .......................
11   Child's Name             Age              Currently residing at:
12   ...................... ................. .......................
13   I have received a notice of proposed relocation and
14   1. ....     I do not object to the relocation and I do not object
15   to the modification of the custody order consistent with the
16   proposal for revised custody schedule as attached to the notice.
17   2. ....     I do not object to the relocation, but I do object to
18   modification of the custody order, and I request that a hearing
19   be scheduled:
20   a.   ....   Prior to allowing (name of child/children) to
21   relocate.
22   b.   ....   After the child/children relocate.
23   3. ....     I do object to the relocation and I do object to the
24   modification of the custody order, and I further request that a
25   hearing be held on both matters prior to the relocation taking
26   place.
27   ................................................................
28   I understand that in addition to checking (2) or (3) above, I
29   must also file this notice with the court in writing and serve
30   it on the other party by certified mail, return receipt

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 1   requested. If I fail to do so within 30 days of my receipt of
 2   the proposed relocation notice, I shall be foreclosed from
 3   objecting to the relocation.
 4   ................................................................
 5   I verify that the statements made in this counter-affidavit are
 6   true and correct. I understand that false statements herein are
 7   made subject to the penalties of 18 Pa.C.S. § 4904 (relating to
 8   unsworn falsification to authorities).
 9   Date:
10   ................................................................
11   ................................................................
12            (2)   An objection made under this subsection shall be
13      filed with the court within 30 days of receipt of the
14      proposed relocation notice and served on the other party by
15      certified mail, return receipt requested.
16            (3)   If notice of the proposed relocation has been
17      properly given and no objection to the proposed relocation
18      has been filed in court, then it shall be presumed that the
19      nonrelocating party has consented to the proposed relocation.
20            (4)   If a party who has been given proper notice does not
21      file with the court an objection to the relocation within 30
22      days after receipt of the notice but later petitions the
23      court for review of the custodial arrangements, the court
24      shall not accept testimony challenging the relocation.
25      (e)   Confirmation of relocation.--If no objection to the
26   proposed relocation is filed under subsection (d), the party
27   proposing the relocation shall file the following with the court
28   prior to the relocation:
29            (1)   an affidavit stating that the party provided notice
30      to every individual entitled to notice, the time to file an

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 1      objection to the proposed relocation has passed and no
 2      individual entitled to receive notice has filed an objection
 3      to the proposed relocation;
 4            (2)   Proof that proper notice was given in the form of a
 5      return receipt with the signature of the addressee and the
 6      full notice that was sent to the addressee.
 7            (3)   a petition to confirm the relocation and modify any
 8      existing custody order; and
 9            (4)   a proposed order containing the information set
10      forth in subsection (c)(3).
11      (f)   Modification of custody order.--If a counter-affidavit
12   regarding relocation is filed with the court which indicates the
13   nonrelocating party both has no objection to the proposed
14   relocation and no objection to the modification of the custody
15   order consistent with the proposal for revised custody schedule,
16   the court may modify the existing custody order by approving the
17   proposal for revised custody schedule submitted under subsection
18   (c)(3)(viii), and shall specify the method by which its future
19   modification can be made if desired by either party. If a
20   counter-affidavit regarding relocation is filed with the court
21   which indicates the nonrelocating party objects either to the
22   proposed relocation or to the modification of the custody order
23   consistent with the proposal for revised custody schedule, the
24   court shall modify the existing custody order only after holding
25   a hearing to establish the terms and conditions of the order
26   pursuant to the relocation indicating the rights, if any, of the
27   nonrelocating parties.
28      (g)   Hearing.--
29            (1)   Except as set forth in paragraph (3), the court
30      shall hold an expedited full hearing on the proposed

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 1      relocation after a timely objection has been filed and before
 2      the relocation occurs.
 3            (2)   Except as set forth in paragraph (3), the court may,
 4      on its own motion, hold an expedited full hearing on the
 5      proposed relocation before the relocation occurs.
 6            (3)   Notwithstanding paragraphs (1) and (2), if the court
 7      finds that exigent circumstances exist, the court may approve
 8      the relocation pending an expedited full hearing.
 9            (4)   If the court approves the proposed relocation, it
10      shall:
11                  (i)    modify any existing custody order; or
12                  (ii)    establish the terms and conditions of a custody
13            order.
14      (h)   Relocation factors.--In determining whether to grant a
15   proposed relocation, the court shall consider the following
16   factors, giving weighted consideration to those factors which
17   affect the safety of the child:
18            (1)   The nature, quality, extent of involvement and
19      duration of the child's relationship with the party proposing
20      to relocate and with the nonrelocating party, siblings and
21      other significant persons in the child's life.
22            (2)   The age, developmental stage, needs of the child and
23      the likely impact the relocation will have on the child's
24      physical, educational and emotional development, taking into
25      consideration any special needs of the child.
26            (3)   The feasibility of preserving the relationship
27      between the nonrelocating party and the child through
28      suitable custody arrangements, considering the logistics and
29      financial circumstances of the parties.
30            (4)   The child's preference, taking into consideration

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 1      the age and maturity of the child.
 2            (5)    Whether there is an established pattern of conduct
 3      of either party to promote or thwart the relationship of the
 4      child and the other party.
 5            (6)    Whether the relocation will enhance the general
 6      quality of life for the party seeking the relocation,
 7      including, but not limited to, financial or emotional benefit
 8      or educational opportunity.
 9            (7)    Whether the relocation will enhance the general
10      quality of life for the child, including, but not limited to,
11      financial or emotional benefit or educational opportunity.
12            (8)    The reasons and motivation of each party for seeking
13      or opposing the relocation.
14            (9)    The present and past abuse committed by a party or
15      member of the party's household and whether there is a
16      continued risk of harm to the child or an abused party.
17            (10)    Any other factor affecting the best interest of the
18      child.
19      (i)   Burden of proof.--
20            (1)    The party proposing the relocation has the burden of
21      establishing that the relocation will serve the best interest
22      of the child as shown under the factors set forth in
23      subsection (h).
24            (2)    Each party has the burden of establishing the
25      integrity of that party's motives in either seeking the
26      relocation or seeking to prevent the relocation.
27      (j)   Failure to provide reasonable notice.--The court may
28   consider a failure to provide reasonable notice of a proposed
29   relocation as:
30            (1)    a factor in making a determination regarding the

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 1      relocation;
 2            (2)    a factor in determining whether custody rights
 3      should be modified;
 4            (3)    a basis for ordering the return of the child to the
 5      nonrelocating party if the relocation has occurred without
 6      reasonable notice;
 7            (4)    sufficient cause to order the party proposing the
 8      relocation to pay reasonable expenses and counsel fees
 9      incurred by the party objecting to the relocation; and
10            (5)    a ground for contempt and the imposition of
11      sanctions against the party proposing the relocation.
12      (k)   Mitigation.--Any consideration of a failure to provide
13   reasonable notice under subsection (i) shall be subject to
14   mitigation if the court determines that such failure was caused
15   in whole, or in part, by abuse.
16      (l)   Effect of relocation prior to hearing.--If a party
17   relocates with the child prior to a full expedited hearing, the
18   court shall not confer any presumption in favor of the
19   relocation.]
20      Section 3.      Title 23 is amended by adding a section to read:
21   § 5337.1.      Relocation.
22      (a)   Applicability.--This section applies to any proposed
23   relocation.
24      (b)   Conditions.--A relocation may not occur unless the
25   relocating party has filed a custody complaint with request to
26   relocate, if there is not an existing custody action, or a
27   petition for relocation and modification, if there is an
28   existing custody action, and:
29            (1)    every individual who has custody rights to the child
30      consents to the proposed relocation by written agreement; or

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 1          (2)   the court approves the proposed relocation.
 2    (c)   Service.--
 3          (1)   The relocating party shall serve the custody
 4    complaint with request to relocate or the petition for
 5    relocation and modification by original process.
 6          (2)   The custody complaint with request to relocate or
 7    the petition for relocation and modification shall be served
 8    no later than:
 9                (i)    the 60th day before the date of the proposed
10          relocation; or
11                (ii)    the 10th day after the date that the relocating
12          party knows of the relocation, if:
13                       (A)   the relocating party did not know and could
14                not reasonably have known of the relocation in
15                sufficient time to comply with the 60-day
16                requirement; and
17                       (B)   it is not reasonably possible to delay the
18                date of relocation so as to comply with the 60-day
19                requirement.
20    (d)   Contents.--
21          (1)   Except as provided under section 5336 (relating to
22    access to records and information), the following
23    information, if available, must be included in the custody
24    complaint with request to relocate or the petition for
25    relocation and modification:
26                (i)    A notice on the front of the document containing
27          a warning to the nonrelocating party that if the
28          nonrelocating party does not file an answer to the
29          custody complaint with request to relocate or the
30          petition for relocation and modification within 20 days

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 1        after service of the custody complaint with request to
 2        relocate or the petition for relocation and modification
 3        with the court, the nonrelocating party shall be
 4        foreclosed from objecting to the relocation.
 5              (ii)    The address of the intended new residence.
 6              (iii)    The mailing address, if not the same as the
 7        address of the intended new residence.
 8              (iv)    Names and ages of the individuals in the new
 9        residence, including individuals who intend to live in
10        the new residence.
11              (v)    The home telephone number of the intended new
12        residence, if available.
13              (vi)    The name of the new school district and school.
14              (vii)    The date of the proposed relocation.
15              (viii)    The reasons for the proposed relocation.
16              (ix)    A proposal for a revised custody schedule.
17              (x)    Any other information that the party proposing
18        the relocation deems appropriate.
19              (xi)    All information regularly included in a custody
20        complaint in accordance with Pa.R.C.P. Nos. 1915.3
21        (relating to Commencement of Action. Complaint. Order)
22        and 1915.15 (relating to Form of Complaint. Caption.
23        Order. Petition to Modify a Custody Order) when filing a
24        custody complaint with request to relocate.
25        (2)   If any of the information specified in paragraph (1)
26    is not known when the custody complaint with request to
27    relocate or the petition for relocation and modification is
28    filed with the court but later becomes known to the
29    relocating party, the relocating party shall promptly file an
30    amended custody complaint with request to relocate or an

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 1    amended petition for relocation and modification with the
 2    information included.
 3    (e)   Objection to proposed relocation.--
 4          (1)   If the nonrelocating party objects to the relocation
 5    within 20 days of service of the custody complaint with
 6    request to relocate or the petition for relocation and
 7    modification, the nonrelocating party shall file an answer
 8    objecting to the proposed relocation. If the nonrelocating
 9    party objects to either relocation or modification of the
10    custody order, a full-factors hearing shall be held as
11    provided in accordance with subsection (f).
12          (2)   If an answer objecting to the proposed relocation
13    has not been timely filed in court, it shall be presumed that
14    the nonrelocating party has consented to the proposed
15    relocation and the court shall enter an appropriate order.
16    (f)   Expedited pretrial conference and hearing.--
17          (1)   After the relocating party files a custody complaint
18    with request to relocate or a petition for relocation and
19    modification and an answer is filed, the court shall hold an
20    expedited pretrial conference. The court is encouraged to use
21    advanced technology, including video conferencing and
22    telephonic means, to enable the pretrial conference to occur
23    as quickly as possible. Ten days prior to the expedited
24    pretrial conference, the parties shall file pretrial
25    statements with the court, specifying a factual and
26    procedural history of the case and an analysis of the custody
27    factors and relocation factors.
28          (2)   If an agreement is not reached at the pretrial
29    conference, the court shall hold a full-factors hearing on an
30    expedited basis.

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 1            (3)   If the court approves the proposed relocation, it
 2      shall:
 3                  (i)    modify any existing custody order; or
 4                  (ii)    establish the terms and conditions of a custody
 5            order.
 6            (4)   If the court does not approve the relocation, it
 7      shall enter an appropriate order.
 8      (g)   Relocation factors.--In determining whether to grant a
 9   proposed relocation, the court shall consider the following
10   factors, giving weighted consideration to those factors that
11   affect the safety of the child:
12            (1)   The nature, quality, extent of involvement and
13      duration of the child's relationship with the relocating
14      party and with the nonrelocating party, siblings and other
15      significant individuals in the child's life.
16            (2)   The age, developmental stage and needs of the child
17      and the likely impact that the relocation will have on the
18      child's physical, educational and emotional development,
19      taking into consideration any special needs of the child.
20            (3)   The feasibility of preserving the relationship
21      between the nonrelocating party and the child through
22      suitable custody arrangements, considering the logistics and
23      financial circumstances of the parties.
24            (4)   The child's preference, taking into consideration
25      the age and maturity of the child.
26            (5)   Whether there is an established pattern of conduct
27      of either party to promote or thwart the relationship of the
28      child and the other party.
29            (6)   Whether the relocation will enhance the general
30      quality of life for the relocating party, including financial

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 1      or emotional benefit or educational opportunity.
 2            (7)    Whether the relocation will enhance the general
 3      quality of life for the child, including financial or
 4      emotional benefit or educational opportunity.
 5            (8)    The reasons and motivation of each party for seeking
 6      or opposing the relocation.
 7            (9)    If applicable, the reason and motivation of the
 8      relocating party for not filing a custody complaint with
 9      request to relocate or a petition for relocation and
10      modification earlier to the extent that the reason and
11      motivation impacts the best interest of the child.
12            (10)    The present and past abuse committed by a party or
13      member of the party's household and whether there is a
14      continued risk of harm to the child or an abused party.
15            (11)    Any other factor affecting the best interest of the
16      child.
17      (h)   Burden of proof.--
18            (1)    The relocating party has the burden of establishing
19      that the relocation will serve the best interest of the child
20      as shown under the factors specified in subsection (g).
21            (2)    Each party has the burden of establishing the
22      integrity of that party's motives in either seeking the
23      relocation or seeking to prevent the relocation.
24      (i)   Failure to comply.--The court may consider a failure to
25   comply with this section as:
26            (1)    a factor in making a determination regarding the
27      relocation;
28            (2)    a factor in determining whether custody rights
29      should be modified;
30            (3)    a basis for ordering the return of the child to the

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 1      nonrelocating party if the relocation has occurred prior to
 2      the filing of a custody complaint with request to relocate or
 3      a petition for relocation and modification;
 4            (4)   sufficient cause to order the relocating party to
 5      pay reasonable expenses and counsel fees incurred by the
 6      nonrelocating party; and
 7            (5)   a ground for contempt and the imposition of
 8      sanctions against the relocating party.
 9      (j)   Mitigation.--Any consideration of a failure to comply
10   with this section shall be subject to mitigation if the court
11   determines that the failure was caused, in whole or in part, by
12   abuse.
13      (k)   Effect of relocation prior to hearing.--If a party
14   relocates with the child prior to a full expedited hearing, the
15   court shall not confer any presumption in favor of the
16   relocation.
17      Section 4.    This act shall take effect in 60 days.




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