When it comes to modifying custody orders, the best interest of the child is always the primary concern for the court. Here’s a breakdown of the key points:
Best Interest of the Child:
- The court will always prioritize the child’s best interests in any modification case.
- While there is no need to prove specific changes in circumstances, any substantial changes may serve as a starting point for the court to review the situation and determine what is in the child’s best interest.
- The safety of the child is a major factor in this determination.
Key Factors Considered in Modification:
- Violation of Visitation:
- A violation of a visitation order may be a factor in the decision to modify custody.
- Substantial Change in Circumstances:
- While the court does not require a specific change in circumstances to consider modification, any substantial change in the child’s living situation, health, or safety can influence the court’s decision.
- Best Interest of the Child Analysis:
- The court will consider a range of factors similar to those considered in the original custody determination, but will focus on the child’s safety and well-being.
Relocation:
- Relocation of the child is a significant issue in custody cases. It generally can only happen if:
- All parties with custodial rights consent to the relocation, or
- The court approves the relocation.
- Notice Requirement: The party proposing relocation must provide notice to all other custodial parties at least 60 days before the move. If the proposing party learns about the move less than 60 days in advance, they must notify the others within 10 days of discovering the information.
- The burden of proof is on the party proposing the move to show that the relocation is in the best interest of the child. The factors the court considers in a relocation request are very similar to those for custody, again focusing on the child’s safety.
Termination of Custody Orders:
A custody order can be terminated in the following situations:
- Death of the Custodial Parent: If the custodial parent dies, the surviving parent typically gets custody of the child, provided they are deemed fit.
- Age of Majority: Custody orders may terminate when the child reaches the age of majority (18 years old in Pennsylvania).
- Court Order: A court can also terminate a custody order upon review, if it deems necessary.
Divorce Lawyer R. Badet: Experienced Legal Representation
If you’re facing a situation where you need to modify a custody order or deal with child custody in your divorce case, Divorce Lawyer R. Badet is here to assist. With years of experience in family law, including custody, spousal support, and divorce, he is dedicated to helping his clients through each step of the process.
For more information about your legal rights and options, visit his website at www.lawyersfordivorces.net, or call for a free consultation today.
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