Child custody orders in Pennsylvania are subject to modification if it is in the best interest of the child. Courts prioritize the child’s well-being and safety when making custody adjustments.
When Can a Custody Order Be Modified?
- No Need for a Specific Change in Circumstances
- Unlike some other legal modifications, a custody order can be changed at any time based solely on the child’s best interest.
- However, substantial changes in circumstances (e.g., parental relocation, remarriage, neglect) may serve as a basis for reevaluating the child’s needs.
- Violation of a Visitation Order
- If one parent fails to follow the visitation schedule, it can be a factor in modifying custody. However, it does not automatically result in a change of custody.
- Termination of Custody Orders
- Custody orders typically end in the following situations:
- Upon the custodial parent’s death – The surviving parent will receive custody if they are deemed fit.
- When the child turns 18 (age of majority).
- By court order – If a judge determines the order is no longer necessary.
- Custody orders typically end in the following situations:
Relocation and Child Custody in Pennsylvania
If a custodial parent wants to move with the child, they must follow Pennsylvania’s relocation laws.
Requirements for Parental Relocation
- The parent must notify all parties with custodial rights at least 60 days before the planned move.
- If the relocation was unforeseen, notice must be given within 10 days of learning about it.
- The relocating parent must prove that the move is in the best interest of the child.
- If the other parent objects, a court hearing will determine whether the move is allowed.
Factors the Court Considers for Relocation
- The impact of relocation on the child’s well-being.
- The ability to preserve the child’s relationship with the non-relocating parent.
- The motives for the relocation (e.g., better job opportunities, education, safety).
- Any history of abuse or neglect by either parent.
- The child’s preference, depending on age and maturity.
Courts weigh child safety factors most heavily when making relocation decisions.
Why Hire an Experienced Child Custody Lawyer?
Modifying a custody order or navigating relocation disputes can be legally complex. A skilled family law attorney can:
✔ Ensure all legal procedures are properly followed.
✔ Protect your custodial rights during disputes.
✔ Represent you in modification hearings or relocation cases.
✔ Help negotiate a fair parenting arrangement.
Hire a Trusted Philadelphia Child Custody Lawyer
Attorney R. Badet is an experienced child custody and divorce attorney, helping parents navigate custody modifications, relocation disputes, and family law matters.
For legal representation in Pennsylvania, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation.
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