Divorce Modification With Child In Allegheny
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FAQ
Child custody in Pennsylvania is determined by several factors and ultimately, the judge will decide to do what's best for the child. It's important to show that you would allow your child to communicate with and see their other parent often, as the judge typically takes this into account in custody cases as well.
You can petition the court for a modification of the currently standing custody agreement. Sometimes, custody agreements can be handled through interactions outside of the courtroom. A new agreement can be drafted, both parties can agree to these terms, then submit the changes to the court.
There are a few steps in seeking a court order: You must use the proper form in the same court of jurisdiction as your original custody agreement. You must attach a written list of proposed modifications. You must show how these modifications are best for your child's health and welfare.
There is no minimum age which prompts a Pennsylvania judge to say that a child's wishes will or won't be considered. Rather, PA custody law clearly specifies that a child's custodial preference must be well-reasoned and based on maturity and judgment.
You do have the right to go back to court to try to modify custody without a lawyer. However, this would be very difficult.
To modify your parenting plan, you must prove a material change in circumstances. This could be due to living situations, employment, health, or safety concerns. It's important to work with an experienced child custody lawyer who can help you navigate the legal system and present a strong case.
In your letter, you must identify who you are, state specifically what your change in circumstance is, and definitively request a review of your case. You will send this letter to the CSE caseworker assigned to your case in the regional office that enforces your order. You can find that information on the CSE website.
