Legal Question in Family Law in Pennsylvania

Re: Visitation Rights

In Pennsylvania, the term "visitation" means that the parent limited to visitation rights may not take actual physical custody of the child - that he or she may spend time with the child only when in control of the other person. When visitation is accompanied by further conditions, they must be reasonable and related to the best interests of the child. Overnight custody periods with the child are referred to as "partial custody" in an Custody Order.

In your case, if there is no evidence that the child's best interests require visitation to continue to be supervised, your boyfriend may be able to have this changed. He will have to prove by a "preponderance of the evidence" that it is in the child's best interest for him to have increased visitation or partial custody rights. It is the child's interest, not the convenience of the parents, that is the test in custody cases.

The procedure to change an custody order is through a Petition to Modify Custody, which is filed in the domestic relations division of the county where the original order was issued. This can be done pro se (on your own) through forms provided by the Domestic Relations office but the assistance of an experienced custody attorney is far prefferable. Knowledge of the evidence and the issues the court will consider is necessary for you to be successful. Courts tend to give great weight to pre-existing orders. An attorney can save you time, money and stress, and give you far greater likelihood of success.

If you would like to discuss this matter, you may call my office at (215) 444-0445.

I wish you the best.

Ilene Young, Esquire/ Civil & Family Practice

215-444-0445

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As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.