In Pennsylvania, modifying a custody order is always based on the best interests of the child. This principle is central to any custody case and includes evaluating various factors that affect the child’s safety and well-being. Here are some key points regarding the modification of custody orders:
Key Considerations for Modifying Custody
- Best Interests of the Child:
The primary focus of any custody modification case is to ensure that any changes serve the best interests of the child. This includes evaluating factors such as the child’s safety, emotional needs, and the ability of each parent to provide a stable environment. - Changed Circumstances:
While it’s not mandatory to show specific “changed circumstances,” the court may consider any substantial changes as part of its assessment. Courts often consider whether there have been significant changes in circumstances that would necessitate a modification in custody, especially when linked to the child’s best interests. - Violation of Visitation Orders:
A violation of a visitation order could be a factor in modifying custody, though it is not the only consideration. The court may weigh how such violations affect the child’s relationship with the parents and their overall welfare.
Termination of Custody Orders
A custody order can be terminated under several conditions:
- Death of the Custodial Parent:
Upon the custodial parent’s death, the surviving parent may automatically receive custody, provided they are fit to do so. - Reaching the Age of Majority:
A custody order generally terminates when the child reaches the age of 18 (the legal age of majority in Pennsylvania). - Court Order:
Custody orders can also be terminated through a court order, either as part of a modification or other proceedings.
Relocation of a Child
If a parent wishes to relocate with a child, several steps must be followed:
- Notice:
The parent proposing the relocation must provide written notice to all other parties with custodial rights at least 60 days before the intended relocation. If the relocating parent did not know about the move in time, they must give notice within 10 days of learning about it. - Burden of Proof:
The parent proposing the move has the responsibility to prove that the relocation is in the best interests of the child. - Factors for Approval:
The court will assess the proposed relocation using factors similar to those used in determining custody. The focus will be on the child’s safety, the benefits of the relocation, and any potential disruptions to the child’s relationship with both parents.
Seeking Legal Help
If you are dealing with a custody modification, termination, or relocation case, it’s essential to consult with an experienced divorce and family law attorney. Divorce Lawyer R. Badet specializes in custody matters and can guide you through the process, ensuring the best outcome for you and your child. He handles both simple and complex custody cases, including spousal support, child support, and divorce.
Visit his website at www.lawyersfordivorces.net for more information, or contact him for a free consultation.
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