Divorce is a challenging process and can result in disruptions in nearly every aspect of a person’s life, especially when children are involved. One of the most contentious but important parts of a divorce where the parents share minor children is determining the custody arrangement. As circumstances change over time, parents may wonder whether custody arrangements can be altered after the divorce is finalized. Custody orders can generally be modified but certain conditions must be met. Read on and consult with an experienced Montgomery County child custody lawyer today.
Can Custody Arrangements Be Altered After a Divorce?
Once the divorce is finalized, the custody order is considered legally binding. However, custody arrangements can be altered down the line. Pennsylvania courts will not change custody arrangements for just any reason or at the drop of a hat as stability for the child is important.
There are generally two ways that you can alter a custody order in Pennsylvania: through mutual agreement or a court order.
If the parents have decided on their own that a change in custody would be best they can discuss the details and negotiate the arrangements. If both parties are in agreement, they can approach the court for review and approval of their proposed plan. PA courts will typically accept a mutually agreed-upon change, as long as it addresses all necessary points and continues to be in the best interest of the child. The agreement must be in writing and signed by both parents.
If both parents cannot agree on a voluntary adjustment of custody, however, one spouse can still petition the court for a modification. If one parent feels strongly that there needs to be a change in the existing order, they can petition the court with a list of proposed modifications, the reasons for the changes, and evidence of how the adjustments are in the best interest of the child.
What Are Valid Reasons to Modify Custody?
If you are petitioning the court to modify your custody arrangements, it is imperative that you have valid reasons and evidence to back up your request. Because custody orders are created with care and intention, there must be a substantial reason for a change rooted in logic or the welfare of the child.
For example, you may need to modify the custody order for logistical reasons if you or the child’s other parent is moving away to a different city or state for work. In this case, the existing order may be unrealistic as you may no longer live enough to make it work.
Other reasons that may require modification include:
- The other parent has developed a substance abuse problem
- The other parent becomes abusive or is living with a significant other who is abusive
- The other parent has been incarcerated
- The child’s needs have changed significantly
- The other parent has developed a mental or physical illness that prevents them from caring for the child in the same capacity
If there is a valid reason that the order needs modification to keep your child safe and happy, a judge will approve the petition. For legal assistance during this time, contact an attorney at Cohen & Patel today.
