Child custody is often a contentious and difficult issue, and modifying child custody can become even more contentious as parents clash over the issues. As the facts of each case are unique, there are several reasons a judge will change custody in PA or why one parent, or potentially both, may seek to modify an existing custody arrangement. Before pursuing a custody modification, it is advisable to consult an experienced Philadelphia family law attorney. In this article, the Schwartz, Fox, and Saltzman, LLC, law firm provides an overview of common scenarios giving rise to child custody modifications along with the applicable Pennsylvania law.
In an ideal scenario, both parents can petition the court to modify a child custody order. In this scenario, both parents certainly can draft a new custody agreement and submit it to the court which issued the original custody order, however this new custody agreement is a technical legal document. Our office suggests that you engage an experienced family law attorney to draft this for you. While mutual consent demonstrates a unified understanding of the child’s best interests and a willingness to make necessary adjustments, it is still advisable to consult a family law attorney.
Pennsylvania law (§5338(a) of the Custody Statute in Pennsylvania) allows either parent to file a petition to modify. A court evaluates a petition to modify under the best interests of the child factors as outlined in §5328(a) of the Custody Statute in Pennsylvania. This could be due to changes in the child’s living situation, educational needs, or emotional well-being.
If either parent intends to relocate, the non-relocating parent as well as the relocating parent can seek a child custody modification if the relocation makes it difficult to comply with the existing child custody order, i.e., affects their visitation rights. Before physical relocation is permitted, sufficient notice and court approval are required (§5337 of the Custody Statute in Pennsylvania). The parent who is relocating bears the burden of proving relocation is in the child’s best interests. A parent should never move with the child without first seeking the advice of a good family lawyer. Relocation is a very technical concept under the law.
In some cases, one parent will intentionally disobey or violate the terms of a custody schedule. The parent complying with the custody order can file a petition for civil contempt (§5323(g) of the Custody Statute in Pennsylvania). The court may enforce the order to protect the child’s well-being and ensure compliance with the custody order.
Changes in employment status may affect a parent’s ability to care for the child. For example, a parent may lose their job or obtain a new job but cannot make appropriate child care arrangements. If a change in a parent’s employment status negatively affects the child’s life, the other parent can seek a modification if it serves the child’s best interests (§5328(a)(4) and (9) of the Custody Statute in Pennsylvania). However, do note that a judge cannot modify a custody order if only a contempt petition is filed.
Arguably, a child’s well-being and physical safety is the most important factor guiding a judge’s decision concerning custody. For example, if there is evidence the child faces immediate danger in the custodial parent’s household, the non custodial parent can file a petition for emergency relief to gain emergency custody. The non custodial parent may file a petition to modify custody based on threats to the child’s safety due to the other parent’s drug and alcohol abuse and request the court include reasonable safety measures in the custody order (§5328(a)(2) and §5323(e) of the Custody Statutes in Pennsylvania).
As time passes and a child develops, their preference for which parent they want to reside with may change. This change may serve as grounds to modify a child custody order (§5328(a)(7) of the Custody Statute in Pennsylvania). If a child can articulate valid reasons for desiring a change in custody arrangements, a judge may consider the child’s wishes.
A judge may modify an existing custody order if there is a significant change in your child’s specific needs, such as medical or physical condition, educational requirements, or emotional development. For example, a child may be diagnosed with a learning disability or physical disorder. A judge may change a child custody arrangement based on a parent’s ability to address these issues.
Sadly, there are instances in which one parent dies. This will require a judge to reassess custody arrangements to determine what is in the best interest of the child. This may involve considering the surviving parent’s ability to provide a stable and supportive environment for the child.
Fundamentally, raising a child requires both parents to cooperate to some degree. In some cases, one parent or both may be unable to cooperate, agree, or compromise concerning how to execute parental duties. If a judge decides this is negatively affecting the child’s life, they may grant a custody modification (§5328(a)(3) and (13) of the Custody Statute in Pennsylvania).
Parental alienation occurs when one parent deliberately tries to damage the child’s relationship with the other parent. If there is evidence of parental alienation negatively impacting the child’s well-being, a judge may modify the current custody arrangement to protect the child’s emotional health and ensure both parents can maintain a meaningful relationship with the child. However, parental alienation is not applicable in situations where one parent is attempting to protect a child from domestic violence (§5328(a)(8) and (13) of the Custody Statute in Pennsylvania).
If one parent voluntarily relinquishes custody of the child, it can be a significant reason for a judge to modify custody arrangements. This may occur when a parent realizes they cannot meet the child’s needs or believes it is in the child’s best interest to be solely cared for by the other parent.
Absent mutual agreement, a judge will only modify a custody order if it is in this child’s best interest. There are numerous situations in which this may occur. Contact us today to talk with an experienced family law attorney to learn more about the service our law firm can provide.