Child Custody Visitation Rights in Pennsylvania
Pennsylvania statutes establish specific rights of parents in regard to both custody and visitation, according to FindLaw. The interests of these parents is set forth either in a negotiated agreement or via an order of the court. The custody and visitation rights of parents exist to establish, enforce or change arrangements between the parties or an order of the court.
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Establish Custody and Visitation
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The laws of Pennsylvania include specific provisions regarding how custody and visitation are established in the first instance. Pennsylvania statutes permit parents to develop a parenting plan through negotiation, an agreement that sets forth the custody arrangement and visitation schedule.
Absent an agreement on custody and visitation by the parents, the court determines these issues after a hearing and presentation of evidence. Under Pennsylvania law, the court applies the standard of what is in the best interests of a minor child in determining a custody arrangement and visitation schedule.
Enforce Custody and Visitation
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One aspect of Pennsylvania law pertaining to custody and visitation is what is known as enforcement. If one of the parents fails to honor the outstanding court order regarding custody or visitation, the other parent possesses the power to seek enforcement of that decree.
Enforcement commences with the aggrieved parent filing a motion with the court. The motion contains a statement of facts outlining why a court order of enforcement is necessary. For example, if a custodial parent fails to let the noncustodial parent have her visitation rights, a motion to enforce is appropriate.
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Alter Custody or Visitation Schedule
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In limited situations, a parent in Pennsylvania can seek a change of custody. The standard used under Pennsylvania law to alter custody is what is known as material change of circumstances. In other words, the state of affairs associated with custody change to such a degree that the child's welfare is at risk.
The same standard is not used under Pennsylvania law to change visitation. Rather, a visitation order can be altered if doing so benefits the child or if a parent demonstrates a reasonable rationale for the requested change.
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