A divorce can quickly become complicated, especially when children are involved. One of the most contentious matters in a divorce is child custody and support. However, the initial arraignment or court case for child custody or support might not work out in the long run, and you may need to seek modification of the orders. There are various reasons why you want to change an existing custody order or child support arrangement.

While you should consult with a family law attorney who has an in-depth understanding of the laws that govern such modifications, it’s useful to have a basic understanding of the process. It will help you make informed decisions about modifying child custody or support orders in Pennsylvania. For more information on emergency custody orders, you can read our detailed blog post explaining what an emergency custody order is and how it works.

Reasons for Modifying Child Support or Custody Orders

In Pennsylvania, few circumstances qualify as a reason to pursue child support or child custody modification. One of the most common reasons is change of residency. For example, if one of the parents is moving out of state, they can seek to modify the court order. If one parent has health concerns that don't allow them to fulfill their duty towards their child as per the court order, then they can seek to modify the child support or custody agreement

In some cases, an arrest or conviction for a criminal case or significant changes in financial circumstances, such as loss of employment, can also qualify as a valid reason to modify the court order. 

As the child grows, they could have changing needs or preferences, requiring changes to the custody or support order. There are several other valid reasons. Consult with an attorney to determine if you have the legal grounds to seek a modification. However, you should be prepared to provide proof of why the modification is necessary. 

Factors the Court Will Consider When Ruling on Child Support or Child Custody Modifications 

Under Pennsylvania Consolidated Statute § 5337, the court must consider various factors before they can accept modification to a child custody order or support. They will consider the advantages of the proposed change, listen to the other party’s objections to the modification, and assess the ability of the other parties to meet the demands of the modified child custody or support order.

The court will not only consider the substantial changes in circumstances that warrant a modification, they will consider the best interest of the child. The modifications must align with the best interests of the child, including their parental relationships and physical and emotional well-being.

Process For Changing Child Custody or Support Arrangements In Pennsylvania

The first step in changing child custody or support arrangements in Pennsylvania is to check if you meet the legal requirements for a modification. Ideally, you want to consult with an experienced family law attorney who is well-versed in applicable laws. Not only can they help you determine if your case has grounds for modification, but they can also guide you on the legal process. 

If you choose to hire an attorney, they can start gathering documentation to build your case, and then file a petition with the relevant court in Pennsylvania. The petition would have the details of your request to modify the child support or custody order, including your reasoning for seeking this change.

After filing the petition, your attorney will serve a copy to the other party. This helps ensure all the parties are aware of the legal proceedings. If you want to settle the case out of court, you can engage in mediation with the other party. Your attorney can help facilitate mediation to check if any of the issues can be resolved out of court. However, if no agreement can be reached, then the case will proceed to court. 

In the court hearing, both parties will present their case, showing any evidence they have to support their claim. After listening to the case, the judge will render a verdict based on the circumstances of the parties and the best interests of the child. Both parties are legally required to comply with the case, and if the order is not followed, then there could be serious legal consequences. 

Child Custody and Relocation in Pennsylvania

If the custodial parents want to relocate, they must obtain consent from the other parent or anyone else who has custodial rights. A legal relocation in terms of a child custody arrangement is when the new residence impairs the non-relocating parties from exercising their custodial rights. The relocation has to involve a change of residence that is a significant distance away.

To ensure the relocation is legally arranged, the relocating parent must provide written notice informing the other custodial parents about the plan and reason for relocation. The notice must be given at least sixty days before the relocation and must include details such as the new address, the child's new school, and other pertinent information. You may also be required to submit certain documents such as a copy of the relocation notice and an affidavit stating that you sent a notice.

How Can a Family Lawyer Help? 

Modifying a court order can often be challenging. The opposing party could challenge the move to modify the order, so you need to have solid legal grounds to seek any changes to the court order. 

An attorney can use their legal expertise of family law, court system, and procedures to guide you through each step of the way. They can prepare detailed and accurate documentation to support your petition, engage in negotiations and mediation with the opposing party, and if needed, represent you in court. 

If you would like legal guidance and representation to modify child custody, child support, or other related matters, get in touch with us at Very Law.