If you can`t agree, you`ll need to file an application to change the custody order. A PA family judge will consider the best interests of the child and other factors and make a custody decision. If a custody arrangement no longer meets your child`s needs, or if you have an opportunity that requires a move across the state or country, contact an experienced family law attorney for assistance. The ultimate goal in any custody matter is to do the best for the child. An experienced family law lawyer can use their knowledge of the law to help you get a change to the custody agreement that serves the interests of everyone involved in your case. If you`re in Pennsylvania and want to change your custody, Pittsburgh Divorce & Family Law, LLC can help. We have the knowledge and experience to guide you every step of the way in the change process. For a free consultation on your case, contact us today (412) 471-5100. Example: You fought for sole custody, but it`s hard to balance full-time single parents and a career. Your children spend hours at daycare. They feel they would benefit from spending this time with their father. A court may consider changing the custody regime if one of the parents does not cooperate with the existing visitation plan.
The court`s decision depends on the reasons why the visiting schedule was not respected and the relationship between the parents. If one of the parents dies, a custody order may be amended to give full custody to the surviving parent or another parent. In most cases, the court prefers that the child stay with the non-custodial parent. More importantly, it essentially describes some kind of change in how a parent is able to care for a child in a way that directly affects the child. Lifestyle changes can involve harmless things, like . B a parent pursuing studies or changing his or her working hours, which would interfere with the time he or she can spend with the child. They may also include more serious things like a crime or substance abuse problem. These are very complicated issues that can make changing the guard a complex process. A final order replaces any temporary custody order that was in effect. Parents who agree on changes to custody can often do so informally.
However, unless there are temporary minor disputes with an existing order, even informal arrangements should be considered modified agreed custody orders so that the court can apply the terms of the new agreement in the event of a breach of the amended agreement. In cases where one parent objects to a proposal to amend the existing custody order, the other parent must apply to the court to amend the custody order. You can apply for an amendment to the custody order if there is a situation in the child`s current household that puts the child at immediate risk. Your first step is to discuss the current custody agreement with your ex-spouse. Let them know what works and what doesn`t and why you want a change. If you can agree on a solution, you no longer need to go to court. Make sure your children are protected. An on-call attorney in Philadelphia can help you through the legal process of amending a custody order. Call Petrelli Previtera at 215-523-6900. A custody order may be amended if one of the parents moves for professional or personal reasons. You can read more about moving and child care in our article “Pa Custody Law: Can Visitation Stop Your Relocation Plans?” If you want to make a change to the custody agreement, you will need the qualified advice of an experienced family law lawyer by your side.
An experienced duty attorney in Pittsburgh can help. If you need help changing your custody plan, contact Pittsburgh Divorce & Family Law, LLC today. Call (412) 471-5100 or contact us online to schedule a confidential consultation. Unlike other executive orders or judgments issued during divorce proceedings, custody and visitation orders in Pennsylvania are not set in stone. In fact, over the years, you and your ex-spouse may begin to realize that what was once an ideal custody arrangement is no longer in your child`s best interests. In such cases, you are both free to change your parenting plan at any time, as long as you both agree. You can change a final custody order at any time. You may want to change yours if: You fought for your current custody agreement, but it just doesn`t work.
Whatever the reason, if your custody agreement doesn`t work, you can file an application to change the custody order. Temporary custody orders (also known as interim custody orders) determine who has custody and pays child support throughout the litigation. They remain in effect until a judge amends them or makes a final order. You may need to attend a hearing after requesting an amendment to your custody agreement. It is unlikely that you and your co-parent have mutually agreed on the change, but if you have requested the change, the judge may have questions for you. At the hearing, you must demonstrate why the changes you are proposing are in the best interests of your child. You can do this by submitting evidence or calling witnesses. A good representation can help you get the best possible result for your son or daughter. If you, your children, the other parent or a person acting as a parent have moved to another state, you may be able to change the state where the custody case is being heard.
You should ask the judge hearing the case to consider having the case heard in another state. If the judge concludes that the child, the parents, or a person acting as a parent has no significant contact with the home state, or if they are not currently living in the state, he/she will consider changing the state in which the case is heard based on the legal principle that Pennsylvania is an “uncomfortable forum.” 1 As a general rule, a custodial parent may not move away from the other, especially if the move takes him and his child very far. If the move is absolutely necessary, an agreement must be drawn up and approved by the court, with sufficient evidence to support the party`s allegations against the child. At this point, legal representation can be critical to your success. At each hearing to change a custody decision, the judge will assess the application by determining what is in the best interests of the child. There are 16 factors of best interest in Pennsylvania. Ensuring frequent and continuous contact between the child and each parent is one of the considerations. If the judge deems it necessary, he will issue an order for emergency custody and schedule another hearing. If you change your custody agreement amicably, you probably won`t need to attend a hearing.
However, if you file a change request, you will likely need to attend and present a case explaining why the proposed agreement is in your child`s best interests. If you try to change without your co-parent`s consent, be prepared to call witnesses and provide evidence of why a change of custody is the best decision for your child. Your lawyer will help you build this case and make sure that you raise all possible objections to your agreement. The second way to change your child care system in Pennsylvania is through a petition. .