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In most custody cases, an effort is made to consider the child’s best interests above all else. Custody is granted based upon the ability of a parent to attend to the child’s physical, mental, and emotional needs. However, circumstances change, and a party that was struggling in the past may now be ready to take on a larger role.
The opposite situation could necessitate a change in custody: a once capable parent is struggling or engaging in dangerous activities.
Our Pittsburgh custody attorneys at Pittsburgh Divorce & Family Law, LLC understand that a custody order may need to be modified due to a change in circumstances. Call (412) 471-5100 now to see how attorney Anthony Piccirilli can protect your child’s best interests.
Under Pennsylvania custody law, you can change your custody agreement if it is no longer in the child’s best interests. There are two methods in which child custody can be modified: mutual agreement or court order.
If you and your child’s other parent can agree on the details of your new custody agreement, then mutually updating your arrangement is a convenient and cost-effective option. But, of course, you may still consult a family law attorney.
A mutual modification generally results in less stress on everyone, including the child. That is why the court will almost always approve a mutual agreement. The agreement must be in writing and signed by both parents.
Modifying child custody requires careful attention to detail, such as:
There should be an equal amount of compromise as you and the other parent work toward an amicable, workable solution. This can be done when you both agree to set aside your differences in favor of what is in the best interests of your child.
After you have reached an agreement, you and your co-parent must both sign the document and submit it to the court that presided over your original custody arrangement.
If you and your child’s other parent cannot agree to a voluntary modification, you may petition the court for a modification. You can either try and handle this process alone or turn to a Pittsburgh divorce lawyer for help.
There are a few steps in seeking a court order:
It’s best to ask a legal professional for help if you are petitioning the court. Your attorney can make sure you don’t leave anything out.
Pennsylvania law observes the best interests standard when evaluating child custody arrangements. This means that the court tries to arrive at a custody schedule that best suits your child’s needs. If your requested changes do not meet this standard in the court’s opinion, your request will probably be denied.
Generally, the law requires substantial changes in the child’s home situation to alter custody, so it’s essential to be as specific as possible.
Custody orders are created with careful consideration. For this reason, the courts do not modify agreements frequently. Changing a court-ordered custody arrangement can only be done by proving that a dramatic turn of events might impact the child’s welfare. This change is referred to by the courts as a “material change in circumstances.” It is the first element that must be proven by a parent wishing to alter a custody order.
Once the change has been proven, the parent must present evidence explaining why the custody order should be altered. Examples of a material change in circumstance include, but are not limited to:
In cases involving a change in custody, the burden of proof lies with the party that filed the petition. If that party cannot display that there has been a material change in circumstance, they may be forced to pay the other party’s legal fees as punishment.
You may be required to attend a hearing after you request a change to your custody arrangement. This is unlikely if you and your co-parent mutually agree on the alteration. However, if you petitioned for the modification, the judge may have questions for you.
It is your right to have an attorney represent you at a child custody hearing and throughout your divorce or custody process. An attorney can support your requested changes by presenting evidence, documentation, and testimony. In addition, you must show the court that your desire to modify a child custody arrangement is in the best interests of your child.
Pennsylvania courts require a material or substantial change in circumstances before modifying an existing custody order. Common qualifying changes include a parent’s relocation, a new safety concern such as substance abuse or domestic violence in the home, a significant change in the child’s school or medical needs, a meaningful shift in either parent’s work schedule, or a parent’s documented progress in addressing past issues like sobriety. The change must be more than minor and must affect the child’s best interests under the factors Pennsylvania courts use to determine custody.
Pennsylvania law does not set a fixed waiting period between custody modifications. You can file a petition to modify at any time if circumstances have substantially changed. That said, courts are reluctant to revisit a recently entered order without a clear material change. If your order was just entered and nothing significant has shifted, the judge is likely to deny the petition or require strong evidence that the change is warranted.
Yes, if both parents agree on the new arrangement. You can put the revised terms in writing, sign the document, and submit the agreed modification to the same Allegheny County Family Division court that issued the original order for approval. Judges generally approve mutual agreements quickly because they reduce conflict and serve the child’s interests. If you cannot reach agreement with your co-parent, you will need to file a petition, and the matter will move through the conciliation conference and possible hearing process.
If your co-parent is not following the existing order, you have legal options. You can file a contempt petition with the court that issued the order, asking the judge to enforce the schedule and impose sanctions for violations. In time-sensitive situations involving safety, an emergency custody petition may be appropriate. Documentation matters: keep written records of missed exchanges, late returns, and any communications about the order. We can walk you through your custody enforcement options.
The timeline depends on whether the modification is agreed or contested. A mutual modification approved by both parents can be finalized in a few weeks once paperwork is submitted to the court. A contested modification typically begins with a conciliation conference and may proceed to mediation and a hearing, often taking several months from filing to final order in Allegheny County. Emergency custody petitions involving immediate safety concerns can be heard much sooner.
Whatever your reason for wanting to alter your child custody arrangement, whether you believe the other parent is endangering your child or you want changes based on your own personal and professional schedule, it is best to speak with a custody lawyer before filing.
At Pittsburgh Divorce & Family Law, LLC, we understand that modifying a custody arrangement can be stressful. We take care of the details, meet every deadline, and work toward the outcome that best fits your child’s needs.
Call attorney Anthony Piccirilli at (412) 471-5100 for a consultation about your child custody case.