Relocation
Relocation is covered by Pa.R.C.P. 1915.17.
you must file a Notice for Proposed Relocation found on the Supreme Court web page at the Prothonotary's Office (5th Floor Courthouse Annex) and provide a copy to the assigned judge. That form provides several lines in which the moving party may specify modifications to the custody schedule necessitated by the relocation.
You must also serve all other parties by certified mail a copy of the Notice of Proposed Relocation and a Counter-Affidavit Regarding Relocation. You may achieve service through personal service or by acceptance of service.
The appropriate forms must be files with the Prothonotary.
Must complete and file with the Prothonotary the Counter-Affidavit found on the Supreme Court web page. A copy of the Counter-Affidavit must be provided to the chambers of the assigned judge. All other parties must be served a copy of the Counter-Affidavit by certified mail, return receipt requested, by personal service or by acceptance of service.
Forms must be filed with the Prothonotary.
When there is no objection indicated on the Counter-Affidavit and a Custody Order is in effect, the moving party has a choice to either:
In order to expedite a relocation hearing when an objection is filed, the Chambers of the assigned judge will issue, file and serve each party a court order scheduling a hearing and directing that all parties file and serve on all other parties copies of the completed Proposed Revised Custody Schedule found at and a Criminal Record/Abuse History Verification Form. After filing the completed forms and serving all other parties copies by first class mail, each party will file an Affidavit of Service Relocation Hearing - First Class Mail found on the Westmoreland County Custody Forms web page.
If you are planning to change the residence of the child(ren),
you must file a Notice for Proposed Relocation found on the Supreme Court web page at the Prothonotary's Office (5th Floor Courthouse Annex) and provide a copy to the assigned judge. That form provides several lines in which the moving party may specify modifications to the custody schedule necessitated by the relocation.
You must also serve all other parties by certified mail a copy of the Notice of Proposed Relocation and a Counter-Affidavit Regarding Relocation. You may achieve service through personal service or by acceptance of service.
| Acceptance of Service Notice of Proposed Relocation Affidavit of Service Relocation Hearing |
First Class Mail |
| Affidavit of Service Relocation Notice |
Certified Mail |
The appropriate forms must be files with the Prothonotary.
The non-moving party
Must complete and file with the Prothonotary the Counter-Affidavit found on the Supreme Court web page. A copy of the Counter-Affidavit must be provided to the chambers of the assigned judge. All other parties must be served a copy of the Counter-Affidavit by certified mail, return receipt requested, by personal service or by acceptance of service.
| Acceptance of Service Counter Affidavit Regarding Relocation Affidavit of Service Counter-Affidavit Regarding Relocation |
Certified Mail |
| Affidavit of Service Counter-Affidavit Regarding Relocation |
Personal Service |
Forms must be filed with the Prothonotary.
When there is no objection indicated on the Counter-Affidavit and a Custody Order is in effect, the moving party has a choice to either:
- Do nothing, in which situation the moving party may relocate the child, If the moving party seeks a court order, file a Complaint/Petition and proposed order which complies with 23 Pa.C.S. § 5337(c)(3). (Neither the Petition nor Proposed Order are currently available as pro se forms.)
- If the nonmoving party objects, the moving party may proceed by filing a Petition to Modify (See: the section above) and comply with Pa.R.C.P. 1915.17(f). The nonmoving party may proceed pursuant to Pa.R.C.P. 1915.17(g) if it appears that the moving party has not complied with Pa.R.C.P. 1915.17(f). Finally, the nonmoving party may act peremptorily to prevent relocation pursuant to Pa.R.C.P. 1915.17(g).
In order to expedite a relocation hearing when an objection is filed, the Chambers of the assigned judge will issue, file and serve each party a court order scheduling a hearing and directing that all parties file and serve on all other parties copies of the completed Proposed Revised Custody Schedule found at and a Criminal Record/Abuse History Verification Form. After filing the completed forms and serving all other parties copies by first class mail, each party will file an Affidavit of Service Relocation Hearing - First Class Mail found on the Westmoreland County Custody Forms web page.