10 Reasons a Judge Will Change CustodyOctober 24, 2024
Child custody isn’t set in stone, and situations change over time as the child grows. Custody modification in PA can be requested when the situation changes for the parents or the child.
Custody agreements are subject to change until the child turns 18, meaning parents have a right to petition to modify custody. However, PA judges have a set of guidelines to follow during the process.
While there are several reasons why custody could be modified, below are 10 reasons for custody modification in PA.
1. Failure to Follow Custody Terms
The terms of the custody order may be changed if one party fails to follow the order. This can involve not returning the child on time, withholding custody, or violating the provisions for making important decisions for the child. You will need to supply evidence for these instances, but you can petition to modify custody. PA judges will take these circumstances into consideration. Violating the custody order is not always grounds for modification, but it can influence the judge’s decision.
It’s best to work with a family law attorney with experience in these matters to ensure that the outcome is best for your child’s well-being. The other parent may be held in contempt of court if they fail to follow the terms in the agreement, so come prepared with evidence.
2. Physical Relocation
When the custodial parent moves, it is not guaranteed to impact the custody schedule.
If the move significantly burdens the child or makes the current schedule difficult to maintain, it may be considered a valid reason to amend the custody schedule.
If a parent wants to move and the move will make it difficult to follow the current schedule, the parent who is moving needs to get the other parent’s consent or request permission from the court. The judge may or may not allow the parent to move or the move may require a change to the schedule, which could include changing the primary custodian.
3. Change in Child’s Needs
As a young person grows and their needs change, you may need to take action to amend the initial custody order. Custody modification in PA can occur when the parent best suited to care for the child changes and/or if the child develops an emotional, mental, or physical disorder that one parent is more equipped to handle.
A parent can petition to modify custody in PA if these circumstances arise.
4. Danger to the Child
One of the most important factors when considering reasons for custody modification in PA is the child’s safety. At the heart of every custody agreement is the child’s best interest. Any form of abuse, direct or indirect, that puts the child in harm’s way can be a reason for custody modification in PA.
A judge may change the agreement if one parent is not the abuser but fails to protect the child from the circumstances (even through failure to act). Work with an experienced family attorney to secure the best outcome for your child.
5. Both Parents Request a Change
When both parents mutually agree that the existing custody arrangement is no longer suitable for their child, they can petition the court together for a modification. This collaborative approach demonstrates to the court that the parents have carefully considered the child’s best interests and are willing to work together to ensure their well-being.
Whether prompted by changes in work schedules, relocation, or the child’s evolving needs, a joint request for custody modification can streamline the legal process and lead to a more amicable resolution for all parties involved. It is essential for parents to communicate openly and cooperate effectively to develop a revised custody arrangement that reflects their shared commitment to their child’s happiness and stability.
6. The Child’s Preferences
Pennsylvania courts may take into consideration the preferences of older children when determining custody arrangements, particularly if their wishes align with their best interests. While the child’s preferences alone may not dictate the outcome of custody proceedings, they can carry significant weight, especially if the child provides valid reasons for wanting a modification.
For example, if a teenager expresses a desire to spend more time with one parent due to scheduling conflicts or personal preferences, the court may explore options to accommodate these needs while still ensuring a healthy relationship with both parents.
However, it’s essential to note that the court will always prioritize the child’s safety and well-being above their preferences, particularly in cases involving coercion or manipulation by one parent.
7. Parental Alienation
Parental alienation occurs when one parent undermines the child’s relationship with the other parent through manipulation, disparagement, or interference with visitation rights. In cases where parental alienation is evident and has a detrimental impact on the child’s emotional well-being, the court may intervene to protect the parent-child relationship and modify custody arrangements accordingly. This could involve reducing the offending parent’s custodial time, implementing supervised visitation, or requiring counseling or therapy to address the underlying issues.
By addressing parental alienation proactively, the court aims to safeguard the child’s right to maintain a meaningful and loving relationship with both parents while minimizing the negative effects of parental conflict on their development.
8. Inability to Co-Parent
Effective co-parenting is crucial for ensuring the success of shared custody arrangements. When parents demonstrate an inability to collaborate on important decisions regarding their child’s upbringing or consistently engage in conflicts that disrupt the child’s stability, the court may intervene to modify custody arrangements. This could involve reallocating decision-making authority, adjusting visitation schedules, or implementing co-parenting counseling or mediation to improve communication and cooperation between parents. By addressing underlying issues and promoting a more harmonious co-parenting relationship, the court seeks to create a healthier and more supportive environment for the child to thrive.
9. Abuse or Neglect
The safety and well-being of the child are paramount concerns for the court in custody proceedings. If there is evidence of abuse or neglect in either parent’s home, the court will take swift action to protect the child from harm by modifying custody arrangements. This may involve restricting or supervised visitation with the abusive parent, placing the child in the care of a non-abusive parent or relative, or implementing safety measures such as protective orders or supervised exchanges. By prioritizing the child’s safety above all else, the court endeavors to create a secure and nurturing environment where the child can flourish free from the threat of harm or mistreatment.
10. Change in Parental Circumstances
Significant changes in a parent’s circumstances, whether positive or negative, can necessitate a modification of custody arrangements to better serve the child’s evolving needs and best interests.
For example, if a parent previously struggled with substance abuse but has since completed a rehabilitation program and demonstrated a commitment to sobriety, the court may consider modifying custody to allow for increased visitation or shared custody based on the parent’s improved ability to provide a safe and stable environment for the child.
Conversely, if a parent experiences a decline in mental or physical health that affects their ability to care for the child, the court may adjust custody arrangements to ensure that the child’s welfare remains paramount. By evaluating changes in parental circumstances through the lens of the child’s well-being, the court aims to facilitate arrangements that promote the child’s safety, stability, and overall happiness.
Change in Custody Conclusion
When it comes to your child’s safety, you want to trust an experienced legal team to get the best outcome.
When you work with Daley Zucker’s child custody lawyers in Harrisburg, you know you’re equipped with a seasoned team that puts you and your child first. They’ll fight for you to have the Order modified to ensure that the results are favorable for the most important person in your life.
