When you get a divorce, child custody arrangements can be made either before filing or afterward, if the spouses file separately. Even though custody is settled by the time the divorce is finalized through the courts, custody arrangements can be changed if necessary. Here is the process for legally changing the child custody arrangements.
If both parents agree, custody modifications do not have to go through the courts in Pennsylvania. However, if one of the parents does not live up to the agreement, there is no legal recourse for the other parent. A family law attorney in Wilkes-Barre, PA should file a modification request to a child custody agreement so it is legal in case one parent reneges on the agreement.
Filing without Agreement
A parent can still get a modification on the original child custody agreement without the other parent’s consent, but a written request must be filed in court by your family law attorney. However, the parent requesting the change must be able to show a “substantial change in circumstances” affecting the child’s life. Some of the qualifiers could be:
* One parent locating to another state and disrupting the child’s stability.
* A lifestyle change which could put the child in harm’s way.
* A parent being sentenced to prison.
When the courts consider a modification in a child’s custody, they always try to keep their best interests in mind. This includes protecting them from living in a dangerous situation or preventing disruptions to the stability of their lives. If you need to seek advice about modifying a custody agreement, go to Johntomalley.com for more information.
If you have reason to believe your child is in danger when he or she is with your ex-spouse, consult with a family law attorney so they can help you get a custody modification to protect your child immediately. Click here for more details about the hiring a family law attorney in Wilkes-Barre, PA.
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