In Pennsylvania, the modification of child custody orders is primarily based on the best interest of the child. While there’s no strict requirement to show a “change in circumstances,” the court may still consider any significant changes as part of the analysis to determine what is best for the child.
Key Factors in Custody Modifications
- Best Interest of the Child:
- Safety Concerns: Courts place heavy emphasis on factors that affect the child’s safety. If there’s any danger or threat to the child’s well-being, this will weigh heavily in the court’s decision.
- Change in Circumstances: While not a requirement, changes in the circumstances of either parent or the child may act as a “springboard” for a modification request. This could include changes in living situations, health, or behavior that directly affect the child.
- Violation of a Visitation Order:
- One Factor: If a parent violates the visitation order, this can be a contributing factor in the decision to modify custody. However, the court will still prioritize the child’s best interests above all.
- Termination of Custody Orders:
- A custody order typically ends in the following scenarios:
- Upon the death of the custodial parent: The surviving parent, assuming they are fit to care for the child, will be granted custody.
- When the child reaches the age of majority (18 years old).
- By court order: Custody orders can also be terminated if the court finds it necessary, such as in cases where the parent’s circumstances have drastically changed or the child has reached the age where they can make their own decisions regarding custody.
- A custody order typically ends in the following scenarios:
Relocation and Custody Orders
Relocation can be a sensitive issue in custody cases. Pennsylvania law requires that:
- Notice Requirement: The parent proposing the move must notify the other parent at least 60 days before the move. If the parent did not know, and could not have reasonably known about the relocation, notice must be provided within 10 days of learning about it.
- Burden of Proof: The parent proposing the relocation must prove that the move is in the best interest of the child. Factors that influence the decision include:
- The child’s safety and welfare.
- The relationship between the child and each parent.
- The child’s educational, familial, and social stability.
- Court Consideration: The court uses similar factors to those for determining custody when evaluating a relocation request, with a particular focus on ensuring that the child’s safety and well-being are prioritized.
When Custody Orders End
- Upon the Death of the Custodial Parent:
- If the custodial parent passes away, custody automatically transfers to the surviving parent, provided the surviving parent is deemed fit to care for the child.
- When the Child Reaches the Age of Majority:
- A custody order typically terminates when the child turns 18 and reaches adulthood.
- By Court Order:
- The court can also terminate custody orders for various reasons, such as when a parent is deemed unfit or when there is a significant change in circumstances that affects the child’s well-being.
Divorce Lawyer R. Badet
If you’re seeking to modify custody orders, a knowledgeable and experienced family law attorney like R. Badet can help you navigate the legal complexities of custody disputes. Whether you’re dealing with a custody modification, child support, or other family law matters, R. Badet is dedicated to securing the best outcome for you and your child.
Visit his website for more information: www.lawyersfordivorces.net or call for a free consultation.
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Having a skilled attorney by your side can make all the difference when navigating complex custody matters. If you’re seeking a change to your custody order or dealing with other family law issues, contacting an experienced attorney is an essential first step.