Custody orders in Pennsylvania are legally binding. This means that parents must follow them, regardless of whether or not they agree with the terms. However, custody orders are not set in stone. They can be modified in certain circumstances.
The deciding factor in all custody cases, including custody order modification requests, is the best interests of the child. Here are some legitimate reasons to request a modification.
When can custody be modified?
A custody order can be modified when there has been a substantial change in the child’s and/or parents’ circumstances. Examples include the following:
- When one parent has to relocate due to work circumstances.
- When the child’s physical, emotional or educational needs have changed.
- When there are legitimate safety concerns for the child.
- If the child is mature enough to express a preference that would be in their best interests.
In the above scenarios, the court will carefully assess the best interests of the child when making a ruling.
What is the legal process?
A custody order generally can’t be modified immediately unless there are safety concerns. There is a legal process to follow. This involves filing a petition with the family court that outlines the specific reasons for the modification request. Often, both parties will be offered the opportunity to present legal arguments before the court.
The courts in Pennsylvania understand that family circumstances change, as do the needs of children. That is why modifications are possible. Nonetheless, a successful custody modification generally requires evidence and compelling legal arguments. Seeking further legal guidance can help you prepare your case.