When modifying a child custody order, the court’s primary focus is the best interest of the child, taking into consideration several factors, including safety. Here’s what you need to know about modifying a custody order:
Best Interest of the Child:
- Primary Focus: In any modification of custody case, the best interests of the child will always be the priority. The court examines how the change may impact the child’s safety, emotional, and developmental needs.
- Substantial Change in Circumstances: While it’s not required to show a specific “change in circumstances,” any substantial changes that affect the child’s welfare could serve as the starting point for the court to evaluate the best interests of the child. Changes in circumstances may include things like a parent’s relocation, a parent’s new lifestyle, or issues with child abuse or neglect.
- Visitation Violations: A violation of a visitation order can be a factor in determining the need for modification, but the court will still focus on the child’s safety and well-being.
Termination of Custody Orders:
Custody orders may terminate under specific circumstances, including:
- Custodial Parent’s Death: When the custodial parent dies, the surviving parent will typically receive custody, provided they are fit.
- Child Reaching the Age of Majority: In Pennsylvania, a child reaches the age of majority (18 years old) and is no longer subject to custody orders.
- Court Order: The court can also terminate or modify custody orders if it’s deemed necessary for the child’s best interests.
Relocation of a Parent:
Relocation issues arise when one parent seeks to move with the child, especially if the move would affect the child’s relationship with the other parent. In Pennsylvania:
- Consent or Court Approval: The parent seeking relocation must obtain the consent of the other parent(s) with custodial rights, or they must seek approval from the court.
- Notice Requirement: The proposing parent must notify the other parent(s) at least 60 days prior to the intended relocation or within 10 days of learning about the move if the 60-day notice was not possible.
- Burden of Proof: The parent requesting the relocation has the burden to prove that the move is in the child’s best interest.
- Factors for Relocation: The factors for determining whether relocation is appropriate are similar to those used to award custody, including considerations about the child’s safety, stability, and the impact on the child’s relationship with both parents.
Seeking Legal Help:
If you’re facing custody issues, seeking an experienced attorney like Divorce Lawyer R. Badet can be incredibly beneficial. Lawyer R. Badet specializes in child custody, spousal support, child support, and divorce, ensuring that you navigate the process effectively and advocate for your child’s best interests.
Consultation:
- For more information on child custody or any divorce-related issues, visit www.lawyersfordivorces.net for a free consultation. Divorce Lawyer R. Badet is highly respected and experienced in handling both family law and criminal matters.
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