When Will the Courts Modify a Custody Arrangement in Philadelphia?
Child custody can be a difficult and contentious issue. This is especially true when something comes up and the arrangement needs to be modified. The courts will not modify an existing child custody agreement without substantial evidence presented by the petitioner that the order no longer suits the needs of the family. In this article, the Philadelphia divorce lawyers at The Law Offices of Lauren H. Kane will discuss child custody orders and what sorts of evidence the PA courts need to modify an already existing order.
Both parents agree to the modification
In an ideal scenario, both parents can work together to redraft the custody arrangement or visitation schedule and submit their modifications to the court. It is important to understand that custody arrangements are legal documents. It is, therefore, advisable to work with a Philadelphia child custody lawyer to ensure that the order is executed properly and that the court will accept the new agreement.
The current order does not reflect the best interests of the child
Pennsylvania law makes all decisions with regard to children on the basis of what is in the best interests of the children. If you can successfully argue that a current custody agreement or visitation schedule is not in the best interests of the children, then you can persuade the court to modify the existing agreement. As an example, if one parent neglects or abuses the children or alternatively, develops a substance abuse problem, you can argue that the current order is no longer appropriate.
The parent is relocating to another county or state
If one parent has to move away for a new job, then the current order needs to be changed to reflect the new reality. In these cases, either parent can petition the court for a modification of the current custody agreement. If the parent who is relocating has primary physical custody of the children, they will need to show the court that the move is in the child’s best interests, not just their own, if they want to relocate with the child.
One parent refuses to comply with the current custody order
It can sometimes happen that one parent unilaterally decides to defy the current custody order. In those cases, the other parent can petition the court to modify the order or force compliance with the current order. The court will be more receptive to a modification argument if one parent defies the court and decides to deny the other parent access to the child. The court can punish the parent who defied the order by giving the children more time with the other parent.
The child’s preference changes
As a child ages, the courts will place more weight on what they want when determining custody arrangements. If a child wants to live with a parent with whom they are not currently residing, the court can take this into account when modifying a currently existing custody order.
Talk to a Philadelphia Divorce Lawyer Today
The Law Offices of Lauren H. Kane represent the interests of parents who are looking to modify a currently existing custody order. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
