When seeking a modification of custody in Pennsylvania, the best interest of the child is always the primary consideration. The court is required to make determinations based on this principle, but specific changes in circumstances can help guide the court’s decision.
Key Considerations for Modifying Custody Orders:
- Best Interest of the Child: This remains the focal point in any custody modification case. The court examines factors that affect the safety, well-being, and development of the child.
- Changes in Circumstances: Although not necessary, changes in circumstances can be used as a basis to open the door for modification. The court will consider whether any significant changes in the child’s life or the circumstances of either parent have occurred since the last order. Changes could include relocation, change in employment, new relationships, or health-related issues.
- Violation of Visitation Orders: A violation of visitation or custody orders by either party may be a factor the court considers when deciding to modify custody arrangements. This violation can demonstrate that the current arrangement is not in the best interest of the child.
- Termination of Custody Orders: Custody orders typically terminate in one of the following scenarios:
- The custodial parent’s death: In this case, the surviving parent may automatically receive custody, provided that they are fit to care for the child.
- The child reaches the age of majority (18 years old).
- A court order that terminates the existing custody agreement.
- Relocation of Custodial Parent: When a custodial parent wishes to relocate with the child, the following factors apply:
- Notice Requirement: The party proposing relocation must notify all parties with custodial rights at least 60 days prior to the intended relocation. If they are unaware of the move, they must notify within 10 days of learning about the relocation.
- Burden of Proof: The parent proposing the relocation must demonstrate that the move is in the best interest of the child. The court evaluates factors similar to those used in awarding custody, with particular focus on the child’s safety and overall well-being.
Contact Divorce Lawyer R. Badet for Custody Matters
Divorce Lawyer R. Badet is an experienced family law attorney specializing in divorce and child custody cases. Whether you’re looking to modify an existing custody order or need assistance navigating a custody dispute, his expertise can help guide you through the legal process. R. Badet has extensive experience in handling both contested and uncontested custody issues and can help you obtain the best possible outcome in your case.
To learn more about your legal options or to schedule a free consultation, visit his website at www.lawyersfordivorces.net.
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