In Pennsylvania, the modification of a custody order is centered around the best interest of the child. When requesting a modification, the court’s primary concern is the child’s well-being, with particular emphasis on the child’s safety and overall welfare.
1. Best Interest of the Child
- No Specific “Changed Circumstances” Requirement: While the court may consider a substantial change in circumstances, there is no mandatory requirement to show a change before requesting a modification. However, any changes in circumstances are typically examined as part of the best interest of the child analysis.
- Factors Considered: When modifying custody, the court will focus on various factors, including the child’s safety, emotional and developmental needs, and the ability of each parent to provide a stable environment.
2. Violation of a Visitation Order
- Violation as a Factor: A violation of a visitation order may be considered during the modification process, but it is just one factor in a broader assessment of the child’s best interest.
3. Termination of Custody Orders
- A custody order will generally be terminated under the following circumstances:
- Death of the Custodial Parent: If the custodial parent dies, the surviving parent may automatically receive custody, assuming they are deemed fit.
- Age of Majority: When the child reaches the age of majority (18), custody orders will generally terminate.
- Court Order: A custody order may be terminated by the court if circumstances warrant such a decision.
4. Relocation of Custodial Parent
Relocation of a custodial parent involves strict guidelines:
- Consent or Court Approval: Relocation can only happen if all parties with custodial rights consent or the court approves the relocation.
- Notice Requirements: The parent proposing relocation must notify all other parties with custodial rights at least 60 days before moving, or within 10 days if they were unaware of the relocation.
- Burden of Proof: The parent proposing relocation bears the burden of proving that the move is in the child’s best interest.
- Factors for Relocation: The factors used to decide whether relocation is allowed are similar to those used to award custody, with significant weight given to factors that impact the child’s safety and well-being.
5. Termination of Custody Orders
As mentioned, custody orders can end:
- Upon the death of the custodial parent.
- When the child reaches the age of majority (18).
- By a court order in certain circumstances.
Divorce Lawyer R. Badet
If you’re dealing with custody modifications or related issues in your divorce, Divorce Lawyer R. Badet is here to assist. His expertise includes complex divorce and custody cases, and he will work tirelessly to secure the best possible outcome for you and your child.
To discuss your case and explore your options, visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation. With years of experience in family law and criminal law, R. Badet is committed to providing comprehensive legal support at every stage of your case.
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