Custody Modification Petition Guide

Summary

To modify a custody order in Pennsylvania, file a Petition to Modify Custody Order and serve the other parent. Attend a custody conference and present substantial changes in circumstances, such as relocation, changes in the childs needs, or parental violations. Document all evidence and focus on the childs best interest. Courts consider 16 factors, including the childs preference, emotional well-being, and stability.

Full Conversation

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Hello ****, nice to meet you! How can I assist you with your legal issue today?
I need your assistance because I am filing a petition to modify custody in Lancaster county. Pennsylvania, and I will be representing myself pro se.
Hello ****, I'm here to help. In Pennsylvania, to modify a custody order:
- File a "Petition to Modify Custody Order"
- Serve the other parent with the petition and a blank "Custody Conciliation Conference Order"
- Attend a custody conference.
Ensure you have substantial change in circumstances to justify the modification.
I believe I have several substantial change in circumstances. Could we go over this together? In Pennsylvania what do they consider substantial changes and circumstances?
Hello ****. In Pennsylvania, substantial changes in circumstances can include:
- Change in living conditions
- Relocation
- Changes in child's needs or parent's ability to meet those needs
- Child abuse or neglect
- Parental drug or alcohol abuse
Remember, it must be in the best interest of the child.
Perfect. Like I said, I have several changes in circumstances. My ex-husband and myself have been divorced since * and have a standing custody order in place which he has violated on multiple occasions. The request I am making in the petition, for modification of custody is that I would like to ask the courts to keep the standing shared legal custody, the same as it is now, but only change the, physical custody, making me the mother, the primary physical parent, and making the father the non-custodial parent getting every other weekend. We would basically be switching parental visitation schedules because currently the father is the primary physical parent. Due to several violations and several substantial changes in circumstances , I feel it is in the child’s best interest to bring this to the courts attention and request the change in physical custody. This is also due in part to the child’s wishes as our daughter, initials, ER, has been wanting this for a long time I will list the reasons to support my request for a change in the physical custody following this
Hello ****, your reasons seem valid for a custody modification. However, remember that the court's primary concern is the best interest of the child. Present your evidence of changes in circumstances and violations clearly and objectively. If you have documentation, it would be beneficial to support your claims.
If I give you my substantial change in circumstances, can you confirm that they will work as well as help me reword what I’m writing and reference Pennsylvania law
Hello ****. Yes, I can certainly help you reword your substantial changes in circumstances. However, as I am not a lawyer, I can't confirm if they will be accepted by the court. Please share the details.
I’m aware you can’t confirm they would be accepted by the court. Just obviously do your best with what you can do to help me. I would like to get started, so please tell me what information you would want first to help me in writing this pretrial statement in pleading format.
To help you write this pretrial statement, I'll need:
*. The exact substantial changes in circumstances
*. Details of the violations by your ex-husband
*. Any evidence you have to support your claims
*. The child's wishes and reasons
*. Your full name, the child's full name, and the names of all parties involved.
*. Substantial changes in circumstances are as follows:
Hello ****. Please continue with the details of the substantial changes in circumstances. Remember to include as much detail as possible, as this information will be crucial in your petition for modification of custody.
*. Relocation violation. In March * the father relocated to move into his girlfriends home, but inform the child they would just be spending the night, but they ended up spending the night and never leaving the father unlawfully relocated, never petitioning the courts or notifying the mother of this move, and this also changed the child school district as well.
Hello ****, relocation without proper notification can be a valid point in your case. The child's change of school district also significantly impacts their life. Be sure to document these changes and the lack of communication from the father's side.
*. During this period of relocation the father also unlawfully withheld the child from the mother for a period of three months, and also withheld phone communication as well. Only allowing the child to contact the mother via phone call the day after the mother’s birthday.
Hello ****, withholding a child and limiting communication can be viewed as alienation tactics. Include dates and any evidence of these incidents. These are serious matters that can influence the court's decision.
so far can you rewrite those two listings of substantial change and circumstance for me? I still have several others as well as several other violations.
Sure ****, here are the reworded substantial changes:
*. Relocation Violation: In March *, the father, without prior notification or court approval, relocated with our child to his girlfriend's residence. This unannounced move affected our child's schooling as it necessitated a change in district.
*. Parental Alienation: The father, during his relocation period, wrongfully prevented the child from seeing me for three months, also restricting telecommunication. The child was permitted to contact me only once, a day after my birthday.
Should I list substantial change in circumstances separately from custody order violations? Could you give me like a format for how this all should look? That way it will be easier for me to type back to you
Yes, ****, it would be best to list substantial changes and custody order violations separately. Here's a format:
*. Substantial Change in Circumstances:
- [Point *]
- [Point *]
- [Point *]
*. Custody Order Violations:
- [Violation *]
- [Violation *]
*. Child's Best Interest:
- [Reason *]
- [Reason *]
This format will help you organize your thoughts clearly and concisely for the court.
so if violating the relocation law is a substantial change in circumstance isn’t it also a violation? I guess I’m just confused as to how I should list this. Some changes in the father‘s life would be the fact that he did relocate and change the child’s school district, he frequently withholds the child for several weeks or months at a time with no reason to do so, he consistently interferes with custody as well as his wife, they got married on one of my weekends and with held her from me without permission, his wife also makes attempts to replace me by not allowing our child to have photos of me in her room, and the father and his new wife, make disparaging remarks about the mother undermining mother‘s relationship with the child , child is frequently punished for attempting to communicate with the mother via phone call or text, and then, when the child is withdrawn and sad due to the lack of connection with the mother, the child is punished due to the fact that she behaves withdrawn
Yes, ****, you're correct. Violating the relocation law is both a substantial change and a violation of the custody order. You can list it under both categories. All the other points you mentioned can be classified as violations as they interfere with your rights as a parent and potentially harm the child's emotional well-being.
Can you give me an example of how this might look if I am to list relocation as a substantial change in circumstance, as well as a custody order violation
Sure ****, here's how you can list it:
*. Substantial Change in Circumstances:
- Relocation: The father relocated in March *, causing a change in our child's school district.
*. Custody Order Violations:
- Relocation Violation: The father relocated without notifying me or obtaining court approval, violating our custody order.
Can you provide me with a list of acceptable substantial changes, in circumstances that Pennsylvania courts usually accept
Sure, here are some substantial changes in circumstances that Pennsylvania courts generally consider:
- Significant changes in living conditions
- Parental relocation
- Changes in the child's needs or a parent's ability to meet those needs
- Instances of child abuse or neglect
- Parental substance abuse
Remember, the changes should be significant enough to affect the child's welfare.
is there any other substantial change in circumstances you can list
Additional substantial changes in circumstances can include:
- Change in child's health or development needs
- Change in parent's health
- Change in employment status or income of a parent
- Remarriage or new partner in the child's home
- Consistent violation of the custody order by a parent.
What are some examples of a change in the parents ability to meet the child’s needs
Changes in a parent's ability to meet the child's needs might include:
- A significant change in work schedule
- Substance abuse or mental health issues
- Inability to provide a stable home environment
- The parent's physical health deteriorating to a point where they cannot care for the child.
is there any other substantial change in circumstance that you have not listed here
Further substantial changes in circumstances could include:
- Change in the child's academic performance or behavior
- Introduction of criminal activity in a parent's life
- Change in the child's preference (typically for older children)
- Persistent denial of visitation rights.
Now, provide me with a list of issues of contempt that are acceptable in the state of Pennsylvania, when there is already a custody order in place
In Pennsylvania, some examples of contempt in relation to a custody order could include:
- Failure to adhere to the visitation schedule
- Denying visitation rights to the other parent
- Moving out of state with the child without permission
- Not returning the child to the other parent at the agreed time
- Interference with the communication between the child and the other parent.
List, all that you can as well as any corresponding state, law and codes
In Pennsylvania, the following acts may constitute contempt of a custody order:
- Failure to comply with the visitation schedule (* Pa.C.S.A. § *)
- Denying the other parent their visitation rights (* Pa.C.S.A. § *)
- Relocating with the child without proper notice and consent (* Pa.C.S.A. § *)
- Interfering with the other parent's communication with the child (* Pa.C.S.A. § *)
Please note that this is not exhaustive and other circumstances may also be considered contempt.
Well what are some other circumstances that are also considered violations? What about the parent or their new partner making disparaging remarks about the other parent? What are some examples and forms of abuse to the child? What about the parents new partner attempting to replace the mother and undermining the mother‘s relationship with the child? What about the child being forced to spend overnights with the parents new partners ex-husband’s parents and forcing to call them grandma and grandpa?
Other potential violations may include:
- Making disparaging remarks about the other parent (parental alienation)
- Emotional abuse or manipulation of the child
- New partner undermining the existing parent-child relationship
- Forcing the child to recognize non-relatives as grandparents
Remember, evidence of these actions is crucial.
How do I prove these issues of contempt? Is child testimony considered evidence? What about text messages?
To prove contempt in Pennsylvania, you can use:
- Court-approved documentation
- Witness testimony, including child's if age-appropriate
- Screen-captured text messages or emails
Remember, the evidence should clearly show the violation of the custody order.
What, if a lot of this comes from communication between the mother and child? The child comes to the mothers home very upset and hurt explaining certain issues to the mother, asking the mother for her help can the child testimony to the judge be used as evidence
In Pennsylvania, the child's testimony can be considered if the court deems the child to be of sufficient age and maturity. However, it's generally up to the judge's discretion. It's important to note that this could be emotionally challenging for the child.
The child is 13 years old and extremely mature. How would I put this in my pretrial statement so that the courts are aware they are invited to interview the Child
In your pretrial statement, you could write: "The child in question, aged *, is of sufficient maturity to express her own wishes. We respectfully request the court to consider interviewing her to better understand her perspective and desires in this situation." Remember, it's ultimately up to the judge's discretion.
Can you provide me with a format for what a pretrial statement attached to the petition of modification custody would look like? Include everything I would need to type in the pretrial statement.
Certainly, here's a basic format:
*. Introduction: State your name, child's name, and purpose of the document.
*. Case History: Outline previous custody arrangements and orders.
*. Substantial Changes in Circumstances: List your points, providing details and evidence.
*. Custody Order Violations: Describe the violations, providing specifics and evidence.
*. Child's Best Interest: Discuss why the change is in the child's best interest.
*. Child's Wishes: If appropriate, mention the child's wishes and request for their testimony.
*. Conclusion: Summarize your request to the court.
*. Signature: Sign the document.
Remember to follow local court rules for formatting and attaching evidence.
Provide details on the case history, and everything I would need to include.
In your case history section, you should include:
- Date and details of the original custody order
- Any modifications made to the order since then
- Detailed accounts of the father's compliance or non-compliance with the order
- Key dates and events, such as the father's relocation
- Attempts made to resolve issues before seeking court intervention.
When there is multiple substantial change in circumstance, multiple child, custody order violations, along with the child’s own wishes to live with the other parent, how would we go about listing the child’s best interest in this regard? The child is in a very unhealthy environment ever since the custodial parent moved in with a new partner, and then got married to them And the new partner is attempting to interfere with the relationship between child and mother and also emotionally abusing the child
In the "Child's Best Interest" section, you can list:
- The child's expressed desire to live with you
- The unhealthy environment at the father's home
- The new partner's interference and emotional abuse
- How these factors affect the child's emotional well-being, school performance, etc.
- How living with you would benefit the child's overall health and development.
is there a way for me to frame this based off the * best interest factors
Yes, in Pennsylvania, the court considers * factors in determining the best interests of the child. You can frame your points around these factors, highlighting how they apply to your situation. Remember to provide as much detail and evidence as possible for each factor that you address.