What To Know About Custody Modification in PA
Custody orders are meant to provide stability for children. However, life can change. When your family’s needs grow and develop over time, Pennsylvania law lets you make a custody modification as long as it is in the child’s best interest. To be approved, you’ll also need to have a valid reason for making your request.
What Do You Need To Make a Custody Modification in PA?
To make a custody modification in Pennsylvania, you’ll need to meet a few specific requirements. 23 Pa. C.S. § 5338 is the main child custody statute in PA governing custody modifications in the state.
Demonstrate a Material Change in Your Circumstances
Custody orders aren’t changed on a whim. To start the process, you must show that a material or substantial change in circumstances has occurred since the last order was entered. For example, a significant change in your job schedule, a relocation of one parent, or allegations of abuse would qualify as significant material differences. Changes to the child’s health or educational needs are also important reasons for custody order modifications.
Basically, the change must impact the child’s welfare or the ability of both parents to use the existing custody order. If you simply want more visitation rights, the request is unlikely to be granted.
The Child’s Best Interests Matter Most
No matter what the request is, it won’t be granted if the result wouldn’t be in the child’s best interest. Under Pennsylvania law, judges are supposed to prioritize the child’s best interests in any custody arrangements. The court will carefully consider a few essential factors when reviewing your modification request.
- The child’s safety
- The child’s relationship with each parent
- The need for stability in the child’s education and home life
- Each parent’s willingness to cooperate and encourage contact with the other parent
- Any history of abuse or substance misuse
It’s important to remember that parental agreement won’t guarantee that the request goes through. You’ll still need the judge’s sign-off before the agreement can be formalized.
Taking the Next Step: How To File a Petition for Changing a Custody Order
To begin the legal process, you or your attorney must file a Petition to Modify Custody with the Court of Common Pleas. This must be done in the county where the original order was entered. Then, the other parent will be served.
The court will decide whether to schedule a hearing or a custody conference. A hearing gives both sides a chance to present evidence before the court. Meanwhile, a custody conference is an informal meeting with a custody conciliator.
This process generally goes much faster if both parties agree. If they don’t, the court will decide for them.
Best Practices To Keep in Mind
To achieve the best results for your family, keep a few tips in mind.
- Use an Attorney: Custody orders can be incredibly complex to understand and modify. By consulting with an attorney, you can get help determining if you have the grounds to modify the order and what type of evidence you will need. They’ll advocate for you in court, handle negotiations, and prevent mistakes from stopping your modifications from going through.
- Consider Emergency Modifications: If there’s abuse, the unlawful removal of the child, or safety issues involved, you can file for an emergency custody order. After the emergency order is issued, the court can investigate the matter to determine if long-term modifications need to be made.
- Follow Your Existing Custody Orders: Whether you agree with your existing custody orders or not, you are legally required to follow them. If you violate the custody agreement, the court can end up looking down on it in the future.
Get Help Filing Your Custody Modification in Pennsylvania
Ultimately, the court’s greatest concern is the safety and well-being of the child. If your custody modification will improve the child’s well-being, the odds of it getting approved are better.
With the help of an experienced family law attorney in PA, you can get help compiling evidence and filing your modification request. Our attorneys can explain all of your legal options and guide you through each step of the process.
Find out how to take the next step in your custody case by visiting our website today.
