Unlike other decrees or judgments made during divorce proceedings, child custody and visitation orders in Pennsylvania are not set in stone. Indeed, as the years pass, you and your ex-spouse may begin to realize what was once an ideal custody arrangement is no longer in your child's best interests. In such cases, the two of you are free to modify your parenting plan at any time, so long as you both consent.

However, it is not uncommon for parents to have different views when it comes to child custody modifications, particularly when one parent wants a custody change and the other doesn't.

When this occurs, you do have options available. For instance, you may be able to seek a change in custody using a collaborative approach as opposed to litigation. Essentially, collaborative law allows you and your ex to talk through custody issues while focusing on what is important, your child's well-being. By removing the often-contentious and adversarial process of litigation, it is typically easier to set aside your differences for the sake of your child - often resulting in a better outcome than the family court could have ever produced.

Sadly, however, differences in parents' opinions may be too much to overcome in some situations, in which case the court may have to decide whether or not to grant a child custody modification.
When will a Pennsylvania court modify child custody or visitation?

As with any child custody determination, a modification request will be decided based upon what is in a child's best interests. Unlike other states, a change in circumstances is not necessarily required in Pennsylvania as long as the proposed change is in the best interests of the child. For example, in the past, Pennsylvania courts have held that a child's preference to live with one parent over the other was valid grounds to modify a child custody arrangement - although this preference must be based on good reasons and expressed by a child of sufficient maturity and intelligence.

This is not to say, however, a change in circumstances will never warrant a modification, because that is simply not the case. For instance, a modification may be requested when one parent wishes to relocate with a child because of a new job or to be closer to family. But again, the court's primary concern in such situations will be the best interests of the child.
Legal assistance is always a good idea

If you have questions about child custody modifications in Pennsylvania, it is often best to contact an experienced family law attorney. Whether you think a collaborative approach will work or, conversely, court is needed, a skilled attorney can explain your legal options and help ensure your child's best interests are protected.