Divorce can be an extraordinarily contentious and overwhelming process, especially when children are involved. One of the most important but conflict-filled issues during a divorce is child custody arrangements. In many cases, custody arrangements are established during the divorce as part of the settlement. However, as time goes on, circumstances may change, requiring an adjustment of custody. If you are wondering whether your custody arrangements can change after the divorce is finalized, continue reading and consult with an experienced York County, PA child custody attorney today.
Can Custody Arrangements Change After a Divorce?
The short answer is yes, child custody arrangements can be changed after a divorce. Even though custody orders are legally binding and enforceable, they are not set in stone. Depending on the circumstances of either parent or the child’s life, it may be necessary to adjust the terms for the good of the child.
How Can Custody Be Altered?
Under Pennsylvania law, you can change a custody order through either mutual agreement or a court order. Mutual agreement is the easier path as both parents will be on the same page regarding the new arrangements. If the parents discuss the situation outside of the court and come up with a mutually satisfactory way to alter the terms of the custody order, they can present their plan to the court for approval. As long as the new plan is in the best interest of the child, a PA court will generally accept the arrangements.
If the parents are not on the same page, however, one parent can petition the court to change the custody order. A parent will file a petition for modification in family court outlining the reasons for the proposed change and evidence supporting the changes. The court will likely schedule hearings to review the situation and hear testimony from both parents and the child, if they are old enough to express their opinion. If the court grants the modification, a new custody order will be issued.
Why Would a Court Approve a Modification?
It is important to keep in mind that a court will not change a custody order without cause. Instead, the petitioning parent must provide evidence that there is a need to change the custody order for the child’s sake.
A significant change in either parent’s or the child’s life may warrant a change in custody. If there has been a substantial change in circumstances like the child developing special needs, a parent getting a new job in a different city or state, a parent’s physical or mental health changing drastically, etc,. it could be reason enough for a modification.
A change may also be required if one parent is no longer fit to care for the child. A parent could commit domestic violence, develop a substance abuse problem, get arrested, get married to an individual with similar issues, etc. In this case, it may be necessary to adjust the terms of custody.
The major factor in changing custody is the child’s health and well-being. Regardless of when, if a change is in the best interest of a child the court will generally approve.
