When Can You Modify a Custody Agreement That’s Already Put into Place?

One of the most common questions that parents ask of their divorce lawyers is: “Can we change the child custody agreement?” The short answer to this question is “yes,” custody agreements are not necessarily permanent. But courts don’t want to be bombarded with petitions either, so they put a high bar on the standard. To succeed in your efforts to change a custody agreement, you must show that the change is in the best interests of the child. Pennsylvania law lays out clear rules for how judges make that decision.

Custody orders can always be modified

Unlike dividing property or alimony, custody isn’t fixed forever. Circumstances change. Children grow. Their parents’ lives evolve. Pennsylvania law allows either parent to file a petition to modify custody at just about any time. The courts, however, will not simply re-litigate the case because someone is unhappy. There must be a basis for change tied to the child’s welfare.

Understanding the best interests of the child standard

Pennsylvania’s Child Custody Act (23 Pa.C.S. §§ 5321-5340 requires the court to decide custody matters based upon the best interests of the child. This requires judges to weigh a series of statutory factors. These include:

• The child’s need for stability and continuity
• The parental duties performed by each party
• Each parent’s capacity to provide daily care and meet the child’s emotional needs
• The child’s relationships with siblings, family, and the community
• Which parent is more likely to encourage a healthy relationship with the other parent

Understanding these factors is vital to making a custody modification. In all, there are 16 total factors, and the court must address each one when making or changing a custody order.

Case example

In the Pennsylvania custody case of E.D. v. M.P., a parent sought to relocate with their minor children, and the custody order was revisited. On appeal, the Superior Court made two practical points that still guide modification cases to this day:

• Best interests analysis applies to modification – A petition to modify a custody agreement triggers a full § 5328(a) analysis. The court must address all factors and describe why the new order is in the best interests of the child.
• Relocation has its own checklist – When a move is a part of the change, judges must apply the § 5337(h) relocation factors (which replaces the old Gruber test) and then integrate those findings into a best-interests decision.

Ultimately, this case shows that you don’t get to modify a child custody order just by asking. The petitioner needs evidence that, in light of the statutory factors, the new plan is better for the child.

Talk to a Philadelphia, PA, Child Custody Lawyer Today

The Law Offices of Lauren H. Kane represent the interests of Philadelphia residents who are looking to modify a child custody order. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/pennsylvania/superior-court/2011/995-mda-2011.html