When courts consider modifying an existing custody order, the primary focus is always the child’s best interests. Although a significant change in circumstances might prompt a review, Pennsylvania law does not strictly require proving such a change to begin modification proceedings. Instead, the court will look closely at how any changes may impact the child’s well-being and safety. A parent’s failure to comply with a visitation order is just one of many factors a judge may consider when reassessing custody.
Termination of an Existing Custody Order
- If the custodial parent passes away, the remaining parent typically obtains custody, assuming they are fit to care for the child.
- A custody order also ends once the child reaches the age of majority or if a judge decides to terminate or replace it.
Relocation
Relocating with a child subject to a custody order usually requires either the consent of everyone with custodial rights or approval from the court. Key points include:
- Advance Notice:
- The relocating party must notify all other parties with custodial rights at least 60 days before the intended move.
- If unforeseen circumstances prevent meeting the 60-day requirement, notice must be given no later than 10 days after discovering the need to relocate.
- Burden of Proof:
- The person proposing the move must demonstrate that relocating is in the child’s best interests.
- Relevant Factors:
- Courts weigh many of the same considerations used in custody decisions, giving particular attention to anything affecting the child’s safety.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet offers comprehensive legal assistance through every step of divorce proceedings, including custody matters, spousal support, child support, and more. With significant experience in Family Law and Criminal Law, he consistently strives to achieve the most favorable results for his clients. To explore your legal rights and potential options, visit www.lawyersfordivorces.net or call for a free consultation.
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