Modify Custody Petition Format

Summary

To modify a custody order in Pennsylvania, attach a detailed Exhibit A to your petition. Clearly label and reference it in your petition. Describe the current custody situation, significant changes in circumstances, and any contempt issues. Use the Pennsylvania 16 best interest factors to structure your explanation. Provide specific examples and evidence, such as testimonies and records. Keep your language factual and unbiased to maintain credibility.

Full Conversation

I need to file a petition to modify custody in lancaster county pennsylvania but there is not enough space to write out why i feel the custody order should be modified, so what do i do?
Hello ****, in situations where you need more space to explain your reasons for requesting a modification, you can:
- Attach an additional document labeled "Exhibit A".
- Clearly reference this attachment in your petition.
- Ensure it's properly formatted and signed.
Remember, your reasons should be detailed and related to your child's best interest.
What is the proper format for this attachment? SHould it just be typed out or should it be like a valid affidavit or pleadings?
The attachment should be typed and formatted like a formal letter, detailing your reasons for the modification request. It's not an affidavit or pleading, so no need for legal language. However, you should:
- Clearly label the document "Exhibit A"
- Sign and date it
- Reference it in your petition
can you provide me with a organized format for this to where i can include all relevant information? Reason being is because there is several significant changes in circumstances as well as several contempt issues. Im not sue if I bring all of this up and file it with my petition to modify custody, but i feel like if i dont bring it up now then ill lose my chance to bring it up
Certainly, ****. Here's a simplified format for "Exhibit A" :
*. Title: "Exhibit A: Reasons for Requesting Modification of Custody Order"
*. Introduction: Briefly describe the current custody situation and your relationship to the child.
*. Body: Detail each significant change in circumstances, each issue of contempt, and how these affect the child's best interest.
*. Conclusion: Summarize why these changes warrant a custody modification.
*. Signature and Date.
Remember to reference "Exhibit A" in your petition.
what do you mean to reference exibit a in my petition?
Referencing "Exhibit A" in your petition means you should mention it in the body of your petition. For example, "See attached Exhibit A for detailed reasons for requesting a modification of custody order." This guides the court to look at the attached document for more information.
Okay thank you. Also, what do you recommend I bring up in this attachment? Should i list all contempt issues?
In your "Exhibit A", you should list all significant changes in circumstances, including contempt issues, that impact your child's best interest. It's crucial to explain how each issue affects the child's wellbeing to justify the modification request.
Can you give me a format for this using the pennsylvania * best interest factors?
Certainly, ****. Here's a format using the Pennsylvania * best interest factors:
*. Title: "Exhibit A: Reasons for Requesting Modification of Custody Order"
*. Introduction: Briefly describe the current custody situation and your relationship to the child.
*. Body: For each of the * factors, provide:
- Factor: State the factor as it is listed in the law.
- Explanation: Describe how this factor applies to your situation. If it doesn't apply, state "Not Applicable."
- Evidence/Example: Provide specific examples or evidence supporting your claim.
*. Conclusion: Summarize why these changes warrant a custody modification.
*. Signature and Date.
Remember to reference "Exhibit A" in your petition.
Can you give a format for #* to briefly describe current custody situation and relationship to the child?
Sure, ****. Here's a suggested format:
"*. Introduction: My name is [Your Name] and I am the [mother/father] of [Child's Name]. I currently have [describe current custody situation, e.g., "joint custody" or "sole custody"] of [Child's Name] as per the custody order dated [insert date]. Our relationship is [describe relationship, e.g., "strong and loving"]."
in your opinion, what would be the best and most ideal format for this entire attachment? in full detail please
Certainly, ****. Here's a detailed format:
*. **Title**: "Exhibit A: Reasons for Requesting Modification of Custody Order"
*. **Introduction**: "I am **** ****, the mother of [Child's Name] and currently have [describe custody situation]. Our relationship is [describe relationship]."
*. **Body**: Detail each of the * PA best interest factors. For each factor:
- State the factor
- Explain how it applies to your situation
- Provide specific examples or evidence

*. **Conclusion**: Summarize your reasons for the modification request.
*. **Signature and Date**
Remember to reference "Exhibit A" in your petition.
and this is in your opinion the best format for a winning description you believe?
Yes, this suggested format allows you to present your case in a clear, organized manner. It guides you to provide detailed information on each of the * factors, which Pennsylvania courts consider when evaluating the best interest of the child. Remember, the ultimate goal is to show how the changes support your child's best interest.
right i agree, as this is why im filing this petition so i need language that is impactful and gets the point across without boring or irritating the judge. my daughter is in need of protection from her current living situation with her father and her stepmother, who are both being abusive to her
I understand your concern, ****. When detailing the abuse, ensure you:
- Clearly state the nature of the abuse
- Provide specific instances
- Explain how it affects your daughter's wellbeing
Remember, your language should be factual and respectful, focusing on your daughter's best interest.
how do you suggest i describe this then? for example, my daughter had a photo collage on her wall that i handmade for her with photos of her and i and her older sister (my eldest daughter) and our dog and her stepmother took my two photos off of the collage and forced child to take the photos home to my house and leavbe them at my house and then replaced the voids with two photos of her instead and verbally says to my daughter: "isnt it creepy that your mom stares at you while you sleep?"
how do you suggest i describe this then? for example, my daughter had a photo collage on her wall that i handmade for her with photos of her and i and her older sister (my eldest daughter) and our dog and her stepmother took my two photos off of the collage and forced child to take the photos home to my house and leavbe them at my house and then replaced the voids with two photos of her instead and verbally says to my daughter: "isnt it creepy that your mom stares at you while you sleep?"
You could describe it this way: "The stepmother has been altering my daughter's environment to exclude my presence, evidenced by replacing photos of us with her own on my daughter's wall. She's also making inappropriate comments to manipulate my daughter's perception of me." Remember to keep it factual and unbiased.
okay what do you mean when you say keep it factual and unbiased
Keeping it "factual and unbiased" means you should:
- Stick to the facts: Describe the situations as they occurred without adding personal opinions or emotions.
- Be unbiased: Present the information without showing prejudice or favoritism. This helps maintain credibility.
okay can i not include what stepmom said to my daughter about the photos? also, i have evidence of father admmitting to this happening and he is in support of stepmom removing my photos as well. but stepmom has two children of hwer own from a prior marriage and they are allowed to have photos of their dad in their bedrooms
You can include the stepmom's comment as it's a factual detail. Also, if you have evidence of the father's support for this action, you can mention it. The fact that stepmom's children from a prior marriage are allowed to have photos of their dad can also be included as it shows a discrepancy in treatment.
write out new statement including all of this information
Certainly, here's a revised statement:
"Exhibit A: **** ****, mother of [Child's Name], currently having [describe custody situation]. Our relationship is [describe relationship]. Notable change in circumstance includes the manipulative behavior of the stepmother towards my daughter. She removed my photos from my daughter's photo collage and replaced them with her own, in an attempt to distort my daughter's perception of me, evidenced by her inappropriate comment: 'Isn't it creepy that your mom stares at you while you sleep?'. This action was supported by the father, as per my evidence. It is worth noting that stepmother's children from a previous marriage are allowed to have photos of their dad. This discrepancy in treatment is concerning. I believe these actions are not in the best interest of my daughter."
would this fall under change in circumstance or contemot issues? or the 16th factor?
In Pennsylvania, this situation might be considered under the 16th factor - 'Any other relevant factor'. However, it could also be argued as a change in circumstance affecting the child's well-being. It's less likely to be contempt unless there's a specific provision in the order about not alienating the other parent.
okay got it. so what about the father relocating unlawfully because he didnt petition the courts to relocate and h moved in with his girlfriend (whos now his wife) and he didnt tell me either, this was also during the covid * lockdown period and he withheld my daughter during this move and for the following 4 months with no reason besides blaming covid * yet he moves into his girlfriends home who has two children which is not staying at home, plus this changed my daughters school district as well
In California, relocation without proper notice can be considered a substantial change of circumstances. Key points:
- If the father moved without notice, it may be a violation of the custody order.
- Withholding the child for 4 months may be considered as interference with custody rights.
- The move, changing the school district, could impact the child's routine and stability.
this is pennsylvania not california but you knew that
Apologies for the confusion, ****. In Pennsylvania, the same principles apply. The father's relocation without notice, withholding the child for an extended period, and the impact on your daughter's school district can all be considered significant changes in circumstances that may warrant a modification of the custody order.
my question is how do i list a situation like this because it falls under the significant change in circumstances as well as contempt issues
You can list it under both sections. Start by describing it as a significant change in circumstance, detailing how it impacts your child. Then, mention it as a potential contempt issue by noting the violation of custody order. Make sure to provide any supporting evidence.
supporting evidence would be childs testimony as well as fathers testimoney and any records of change in childs move or school changes and our text message records
That's correct, ****. The child's testimony, father's testimony, records of the move or school changes, and relevant text messages can all serve as supporting evidence. Be sure to organize these materials and reference them where appropriate in your "Exhibit A".
Can you write introduction explaining how the exhibit a is to answer wehy the custody order should be modified and how it is in child best interests for the reasons listed below as to why the order needs to be changed and list how there is multiple changes in circumstances as well as many contempt issues and the situation isn't improving and child mental health is worsening and I am protecting child by filing this and it is the child wishes as well
"Exhibit A: I, **** ****, am presenting this document to detail why the current custody order should be modified to better serve the best interests of my child. Several significant changes in circumstances and contempt issues have occurred that continue to negatively impact my child's mental health. By filing this petition, I am acting on my child's expressed wishes and taking necessary steps to protect their well-being. Detailed explanations and supporting evidence are provided below."