In Pennsylvania, courts always prioritize the best interest of the child when deciding whether to modify a custody order. Although a “substantial change in circumstances” may influence the court’s decision, the standard remains the child’s welfare rather than showing a specific changed circumstance.
- Best Interests Standard
- Courts examine whether altering custody serves the child’s safety, stability, and overall well-being.
- Evidence of changed circumstances often helps launch the court’s analysis but is not required by law.
- Violating a visitation order can be a consideration, but by itself usually does not determine the outcome.
- Termination of a Custody Order
- Generally ends upon the custodial parent’s death, in which case the surviving parent usually assumes custody if deemed fit.
- Can also end when the child becomes a legal adult (age of majority) or by further court order.
Relocation
A parent wishing to relocate with a child must either have:
- Agreement from all Parties with custody rights, or
- Court Approval following a formal request.
Notice Requirements:
- The relocating parent must give notice at least 60 days before moving.
- If the need to move arises unexpectedly, the relocating parent must provide notice within 10 days of learning about it.
Burden of Proof:
- The relocating party must demonstrate that the move serves the child’s best interests.
- Courts apply factors similar to those in custody determinations, with extra weight given to child safety.
When a Custody Order Terminates
- Death of the Custodial Parent
- Custody typically shifts to the non-custodial parent if they are capable.
- Reaching Age of Majority
- Once the child is an adult, the order typically no longer applies.
- By Court Order
- A judge may terminate an existing arrangement for good cause.
Divorce Lawyer R. Badet
With extensive experience in divorce, spousal support, child support, and custody disputes, Divorce Lawyer R. Badet diligently represents clients’ interests throughout every stage of the legal process. For more information or a free consultation, call or visit www.lawyersfordivorces.net.
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