Modification of Child Custody Orders in Pennsylvania

Child custody orders in Pennsylvania can be modified if it is determined to be in the best interest of the child. Courts prioritize child safety and well-being when making custody adjustments, ensuring that any modification supports the child’s emotional, physical, and developmental needs.

Grounds for Modifying a Custody Order

✔ Best Interest of the Child Standard

A custody order can be modified at any time if a change serves the child’s best interests.
Unlike some other states, Pennsylvania does not require proof of a substantial change in circumstances. However, courts may consider significant life changes as a factor.

✔ Violation of a Visitation Order

If a parent fails to comply with a visitation order, it may affect custody modifications.
However, a single violation is unlikely to result in a change unless it negatively impacts the child’s well-being.

✔ Termination of Custody Orders
A child custody order may be terminated in the following situations:

Upon the custodial parent’s death – The surviving parent will receive custody if they are deemed fit.
When the child reaches the age of 18 (age of majority).
By court order, if a judge determines a new custody arrangement is necessary.

Parental Relocation and Child Custody

If a custodial parent wishes to relocate with the child, Pennsylvania law requires strict compliance with relocation procedures.

Relocation Requirements

All parties with custodial rights must consent, OR the court must approve the relocation.
The relocating parent must provide written notice at least 60 days before the move.
If advance notice is not possible, the parent must notify other parties within 10 days of learning about the relocation.
The parent proposing relocation bears the burden of proving that the move is in the child’s best interest.

Factors Courts Consider When Evaluating Relocation Requests

Impact on the child’s emotional and physical well-being.
Effect on the child’s relationship with the non-relocating parent.
Reason for relocation (e.g., employment, education, family support).
Availability of suitable living arrangements, schools, and healthcare.
The child’s preference, depending on age and maturity.

Courts prioritize child safety factors when making relocation decisions.

Why You Need an Experienced Child Custody Lawyer

Modifying custody orders or handling relocation cases can be legally complex. An experienced family law attorney can:
✔ Help you present a strong case in custody hearings.
✔ Protect your custodial rights if the other parent violates an order.
✔ Guide you through relocation approval and legal requirements.
✔ Advocate for the best possible custody arrangement for your child.

Speak to a Skilled Child Custody Attorney Today

Attorney R. Badet is an experienced child custody and family law attorney, providing legal assistance for custody modifications, relocation cases, and child support disputes.