There are many reasons why you may want to modify your custody order. For example, if you or your child’s other parent relocates, or if your working hours change in a way that conflicts with your parenting schedule. The court then decides whether your proposed changes better serve the child.
Pennsylvania custody orders protect children and support stable family life. They do not lock parents into terms that no longer fit a child’s needs. However, if you want to modify the terms of your custody order, you must show that you have your child’s best interests in mind.
When do Pennsylvania courts modify custody orders?
Pennsylvania law allows a court to modify a custody order when the change serves the child’s safety, stability and the child’s physical, emotional and developmental needs. To ensure that the modifications you propose are beneficial for your children, the court reviews factors such as:
- Each parent’s ability to perform parental duties
- The need for stability and continuity
- The parents’ willingness to cooperate
- The availability of each parent to care for the child
- The child’s relationships with parents, siblings and extended family
- Any history of abuse or safety risks
Typically, parents request to change their custody orders when specific factors make fulfilling the terms of the old order difficult or impossible. Examples include if one parent repeatedly violates the existing order, if the child develops disabilities or medical conditions or if the child’s educational needs become more costly.
How can you modify the terms of your custody order?
You can request the court to modify custody by agreement or by filing a petition and receiving a judge’s signature. If both parents agree on new terms, they can submit a proposed order to the court. The judge then reviews the agreement and approves it if it serves the child’s best interests under Pennsylvania Statutes Title 23 Section 5328.
However, if the parents cannot reach a mutual agreement concerning which changes to implement in a court order, the court may request them to seek mediation or a custody conference before a judge holds a hearing. If you cannot reach an agreement with your spouse, the court will hold a trial, and a judge will determine the outcome.
At the trial, you must present clear and credible evidence that supports the change and shows how it benefits your child. Bear in mind that courts expect specific facts, not general complaints. The court then evaluates whether or not the changes serve your child’s best interests before reaching a conclusion.
Taking care of your child
A divorce might make it more difficult to raise a family, but with a mutually agreed-upon custody order, you can take steps to ensure that your children receive the support of both their parents. You can modify a custody order in Pennsylvania when you show that the new terms serve your child’s best interests.
When you present clear evidence, follow court procedures and focus on your child’s needs. This way, you can improve your chances of modifying your orders, allowing you to take better care of your children with a feasible, more realistic schedule.