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Modification of Custody or Visitation in a Pennsylvania Divorce

Under what circumstances can custody and visitation orders be changed in Pennsylvania?

In Pennsylvania, custody and visitation orders can be modified when there is a substantial change in circumstances that affects the best interests of the child. Some common reasons for modification include:

1. Parental Relocation

  • If a custodial parent plans to move a significant distance that impacts the current custody or visitation arrangement, they must notify the other parent and obtain court approval.

2. Change in a Parent's Circumstances

  • A parent's job schedule, financial situation, or living conditions change significantly, affecting their ability to care for the child.
  • One parent remarries or moves in with a new partner, and the new household situation impacts the child's well-being.
  • A parent's health issues interfere with their ability to care for the child.

3. Change in the Child's Needs

  • The child's educational, medical, or emotional needs change, requiring a modification of the custody or visitation order.
  • A child's own preference (depending on age and maturity) may be considered in custody modifications.

4. Allegations of Abuse or Neglect

  • If one parent is accused of or involved in domestic violence, child abuse, neglect, or substance abuse, the court may modify custody to protect the child.

5. Violation of the Current Custody Order

  • If one parent consistently fails to follow the current custody or visitation schedule, the court may adjust the order.
  • Interference with parenting time or attempts to alienate the child from the other parent can also be grounds for modification.

6. Parental Incarceration

  • If a parent is incarcerated, the custody arrangement may need to be adjusted to ensure the child's stability.

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