According to the U.S. Census Bureau, in 2017, only about 45.9 percent of custodial parents who were supposed to receive child support received full support payments. A divorced couple may request the court to enforce or modify an original child custody or support decree if the other parent is defaulting or delinquent with his or her responsibilities. If you need to enforce or modify an existing child custody order, support arrangement, or visitation schedule, it is crucial that you consult with a knowledgeable Pennsylvania family law attorney for proper guidance.
Our attorneys at Iwanyshyn & Associates are committed to offering comprehensive representation in parenting plan enforcement or modification matters. As your legal counsel, we will help you understand your possible options and address your concerns diligently. Whether you want to enforce or modify an existing child support arrangement or custody order, our attorneys will offer you the experienced legal guidance and advocacy you need. We are proud to serve clients throughout Allison Park, Pennsylvania, surrounding areas including Cranberry Township, Pittsburgh, Wexford, Gibsonia Allegheny, Butler, Beaver, and Westmoreland counties.
Disputes regarding parenting plan matters, including child support, custody, and health care issues, can result in post-order litigation. If the parenting plan was approved by the court, it can be enforced. This means that the parenting plan is legally binding, and any violation will be corrected or punished. Some common violations include:
Not allowing scheduled visitation
Making medical or legal decisions for the children alone without consulting with the other parent
Violation of vacation policies
Constant lateness to scheduled parenting time
Denying the other parent access to see the child
Interfering with communication
Non-payment of child support
Denying visitation for non-payment of child support.
If one parent has violated the terms of the parenting plan, the other parent can file a motion requesting the court to enforce the order and hold the delinquent parent liable through contempt.
Under Pennsylvania laws, a child custody or support arrangement may be modified either by mutual agreement between both parents or through a court order. If you're unable to agree with the other parent to modify a parenting plan, you can petition the court for a modification of the child custody or support arrangement. Some common reasons for parenting plan modification include:
Danger to the child
Change in work schedule
Employment that makes it difficult to monitor or take care of your child
Failure of the other parent to cooperate with a visitation schedule
Death of a parent
Increase or decrease in the paying parent's income
Increase in child's expenses as they grow
Also, the Pennsylvania court will want to see a "substantial change in circumstance" since the initial decree was made before the parenting plan may be modified. The judge will consider the child's best interests to determine whether to approve your petition for modification.
Various reasons, such as a great job offer, career opportunities, better schools, and closeness to family, can make a parent want to relocate. Under Pennsylvania law, no parent can relocate to another area without the consent of the custodial parent or approval of the judge. The parent who intends to relocate must give the other parent with custodial rights at least 60 days' notice prior to the planned relocation.
Additionally, a parent planning to move with a child must provide pertinent information such as:
New address and home phone number
Child's new school district and school
Proposed relocation date
Reason for relocation
Proposed new custody and visitation schedule
When a custodial parent wants to relocate with the child, the court will consider the following factors to determine whether the relocation request should be granted or not:
The motivations for the relocation
The possible benefits of the proposed relocation, including whether it will improve both the child's and custodial parent's quality of life
The validity of the nonmoving parent's objections to the relocation
The availability of a reasonable visitation schedule for the nonmoving parent
Parenting plans aren't set in stone. The fact that your divorce has been finalized doesn't mean the existing child custody or support arrangement can't be changed to suit your or your child’s needs. If you are trying to enforce or modify an existing parenting plan, you need to speak with a knowledgeable Pennsylvania family law attorney immediately for detailed guidance and to protect your rights.
At Iwanyshyn & Associates, we are dedicated to providing outstanding legal services and handling complex divorce and family law issues related to parenting plan enforcement and modifications. Our experienced attorneys will review every detail of your case, assess your unique circumstances, and help determine your best possible option. Using our extensive experience and compassion for your family's needs, we will craft a diligent solution that works best for you and your loved ones.
Contact Iwanyshyn & Associates today to schedule a one-on-one consultation with experienced Pennsylvania post-decree modifications attorneys. Our team can offer you the comprehensive legal guidance and advocacy you need to modify or enforce any child custody or support order. We proudly serve individuals and families throughout Allison Park, Cranberry Township, and Pittsburgh, as well as those living in Allegheny County, Butler County, Beaver County, Washington County, and Westmoreland County, Pennsylvania.