When Will A Judge Modify Child Custody In Pennsylvania?
Child custody is often a difficult and contentious issue and when modifications are necessary, it is even more likely that disputes will arise. All child custody cases are unique and there are many reasons why a judge will modify a custody order. Below, our Media modifications and enforcement lawyer explains the most common of these.
Both Parents Agree to a Modification
Ideally, both parents can agree to a modification and petition the court together. In these instances, both parents will draft a new custody arrangement and submit it to the court. It is important to note that custody agreements are legal documents and so, it is always advisable that you work with a child custody modifications lawyer who will know how to execute these orders properly and ensure it is accepted by the court.
The Current Order is Not in the Child’s Best Interest
There are times when a current custody order may not be in the child’s best interest. For example, if one parent develops a substance abuse problem or starts abusing or neglecting a child, that is very harmful behavior. In these instances, the other parent can petition the court to modify the current custody order to one that will protect the child’s best interest.
Parent Relocation
When a parent wishes to relocate, particularly if they are moving very far away, it can make complying with the current custody order very challenging. In these cases, either parent can request a modification from the court. The parent who is relocating must show that it is in the child’s best interest if they wish to take the child with them.
One Parent Refuses to Comply with the Current Order
Sometimes one parent will intentionally violate the child custody order. For example, one parent may refuse to allow their child to visit their other parent. In these cases, the parent who is in compliance can petition the court to modify the current order. The court will then enforce the order and may even modify it to give the complying parent more time with the child.
The Child’s Preference Changes
As children become older, their preference for which parent they live with may change. As long as the child can articulate legitimate reasons for the change in preference, and the judge believes they are of a reasonable age and maturity, this can be grounds to modify a child custody order.
Our Modifications and Enforcement Lawyer in Media Can Help with Your Case
There are times when the court will modify an existing child custody order, but the process is never easy. There are many challenges in these cases and overcoming them requires an in-depth knowledge of the law and procedural rules. At Barbara Flum Stein & Associates, our Media modifications and enforcement lawyer knows how to handle the obstacles these cases present and will help you navigate the process so you obtain the most favorable outcome. Call us now at 610-565-6100 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
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