19 May 2023

Family Law
The process of modifying a child custody agreement in Pennsylvania is a complex one. It involves significant paperwork, negotiations, and court appearances. As emotionally draining as the process can be, it’s important to remember to prioritize the best interests of your children. It is, therefore, a good idea to work with a seasoned child custody lawyer who can guide you through the legal maze and protect your children’s best interests, along with your parental rights. Only a knowledgeable child custody attorney will help you understand the process, gather relevant evidence, and advocate on your behalf in front of the judge. Lermitte & Lubin explains what it takes to modify a custody agreement in Pennsylvania, and how a competent child custody lawyer can assist you in achieving a positive outcome.

What Is a Child Custody Agreement? How Can You Modify It?

A child custody agreement is a legal document that outlines the terms and conditions related to child custody and care. It is negotiated and agreed upon by both parents of the child. It specifies:
  1. Which parent will have physical custody of the child.
  2. How much time the non-custodial parent will have with the child.
  3. Who will make decisions regarding the child's upbringing, education, medical care, and so on.
In Pennsylvania, the court considers several factors when determining what is in the best interests of the child. These elements play a large role in working out the child custody agreement. Some of the factors include:
  • The child’s age, gender, and health
  • The child’s relationship with each parent
  • Each parent’s ability to provide for the child’s physical, emotional, and educational needs
  • History of abuse, domestic violence, or neglect by either parent
  • The child’s preference, if they are mature enough to express themselves
  • The proximity of the parents’ homes and the child’s school
  • Each parent’s availability and work schedule
  • Other factors that may affect the child’s well-being

Types of Child Custody in Pennsylvania

In Pennsylvania, there are two main types of child custody:
  1. Physical custody: This is which parent the child will spend their time.
  2. Legal custody: The parent with legal custody has the final say in important decisions for the child, such as medical, educational, and religious decisions.
Common physical custody arrangements include:
  • Shared physical custody: Each parent gets significant periods of physical custody, nearly equal.
  • Primary physical custody: One parent has physical custody for the majority of the time.
  • Partial physical custody: This parent only has physical custody for a minority of the time.
  • Sole physical custody: One parent has exclusive physical custody.
  • Supervised physical custody: The child can spend time with a parent only as they are supervised during that time.
  • Shared legal custody: Both parents have the right to make decisions for the child, such as their education, religion, and medical treatment.
  • Sole legal custody: Only one parent has the legal right to make decisions for the child, except in emergency circumstances.
The judge may choose to award any of these child custody verdicts based on the best interest of the child. Of course, the chosen child custody arrangement will also depend on the specific facts of your case. An experienced family attorney can help you determine the best option for you as a family.

How to Modify a Child Custody Agreement in Pennsylvania

Here’s how a Pennsylvania child custody agreement can be modified:
  • Gather all relevant documents related to the current child custody agreement. This includes all court orders, custody agreement paperwork, and any other legal documents.
  • Mention the reason for modification, such as a change in circumstances, relocation, the child's changing needs, or an illness of one of the parents.
  • Consult with a child custody lawyer about the modification and understand your likelihood of obtaining a favorable outcome.
  • Get the paperwork ready. The proposed child custody agreement should take into account the exact reason for the modification and the best interest of the child.
  • File a petition with the family court. You’ll need to attend any necessary court hearings or mediation sessions.
  • If the modification is approved by the court, ensure that all parties involved are aware of the new child custody arrangement.

How a Child Custody Attorney Can Be Helpful

A qualified child custody lawyer can be of great help when it comes to navigating the complex legal system and upholding your rights as a parent. They can assist you in the following ways:
  • Studying your cases and explaining your chances of achieving a positive outcome.
  • Helping you understand the factors that the court considers when making child custody decisions.
  • Familiarizing you with your legal rights and options as a parent.
  • Filing the necessary paperwork within the applicable timelines.
  • Negotiating a new child custody agreement with the other parent/party.
  • Modifying the existing child custody arrangement to meet your child’s needs.
  • Presenting evidence in court and advocating on your behalf.
  • Ensuring that your child’s best interests are prioritized above all else.
  • Enforcing child support orders.
Having a child custody attorney in your corner will allow you to tread the legal process confidently. Through their guidance, they’ll ensure that your child and your family have the support required to mitigate any challenge that may arise.

Discuss Your Case with a Proven Child Custody Lawyer in Pennsylvania

Child custody cases can be complex. The agreement may need to be modified for many reasons – from the relocation of one parent and changes in their work schedule to changes in the child’s needs and preferences. Regardless, a child custody attorney can help you achieve the best possible outcome for your family while protecting your child’s well-being. If you need help with your child custody matter, reach out to the qualified and experienced lawyers at Lermitte & Lubin. Serving the Scranton/Wilkes-Barre area, Lermitte & Lubin handles family law and criminal defense issues with skill and compassion. If you are in Luzerne or Lackawanna counties and require legal counsel, call 570-285-4662 or use our online form to schedule an initial consultation.

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