In Pennsylvania, the modification of custody orders is primarily based on the best interest of the child. There are several key aspects to understand when it comes to modifying a custody order, including the role of changes in circumstances, the importance of child safety, and the process of relocation.
Best Interest of the Child
When a party requests a modification of custody, the court will focus on the best interests of the child. While a specific “change in circumstances” is not required by law, it often serves as a starting point for the court’s analysis. The court will evaluate several factors, with particular attention paid to those affecting the safety of the child.
Common factors include:
- The child’s needs (physical, emotional, and developmental)
- The ability of each parent to meet those needs
- The impact of the change on the child’s emotional and physical well-being
Violation of a visitation order can be a factor in modifying custody, but the court will also look at the overall situation to determine what is best for the child.
Termination of Custody Orders
Custody orders are typically terminated under the following circumstances:
- Death of the custodial parent – In the event of a custodial parent’s death, the surviving parent typically receives custody, provided they are deemed fit.
- Age of majority – Custody terminates when the child reaches the age of majority (18 years old in Pennsylvania).
- Court order – A custody order can be terminated by a court order if it is in the child’s best interests.
Relocation and Custody
Relocation can be a complex issue in custody cases. Generally, a custodial parent cannot relocate with the child without first obtaining the consent of all parties with custodial rights or obtaining court approval.
- Notice Requirement: The parent proposing to relocate must provide 60 days’ notice to all other parties with custodial rights before the intended relocation. If the parent is unaware of the relocation until less than 60 days before the move, notice must be given within 10 days of learning about the move.
- Burden of Proof: The parent proposing the relocation has the burden to prove that the move is in the best interests of the child.
- Relocation Factors: The factors considered in a relocation case are similar to those in custody cases, with significant emphasis on the child’s safety and well-being.
Seeking Legal Help
Navigating custody orders and modifications can be complex. It is highly recommended to seek guidance from an experienced divorce lawyer to ensure that your rights and your child’s best interests are protected.
Divorce Lawyer R. Badet is a knowledgeable attorney with extensive experience in family law. Whether you’re facing a custody modification, dealing with visitation issues, or need assistance with divorce, R. Badet can provide the support you need.
For more information and a free consultation, visit www.lawyersfordivorces.net or contact Divorce Lawyer R. Badet for expert legal assistance.
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