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August 2015 Archives

Spotlight Issue: Modification of Child Custody Order

What can you do if a final custody order has been entered, but you want to change it? Either party to a custody action can file to modify custody. The real question is whether there are grounds to convince the court that changes should be made. Although it isn't required that there be a change of circumstances prior to filing for modification, the court will want to know what has happened to necessitate a new order. For example, the following changes could necessitate a modification: one parent is charged or convicted of a crime that is listed in ยง5329 of the PA child custody statute; a parent's work schedule changes; a child's activity schedule changes. Of course, the court must find that the modification of the existing order is in the child's best interest. It is important that you make the best arguments possible at a hearing for modification because the same issue cannot be used as a reason for modification at a later date.

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