Child Custody Modification Tips

Summary

Drafting a child custody modification plea requires clarity and relevance. Focus on the childs best interests, describe changes factually, and cite relevant laws. Include evidence and organize points chronologically. In Lancaster County, PA, follow local civil procedure rules. Consult a local attorney for review.

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Im having trouble drafting pleadings for my child custody modification case to rewuest physocal custody be changed to make me the primary parent, keeping our legal shared custody the same as it is, because Im worried i have to many changes in circumstances and contamet issues as well as the childs best interest factors, it has made my affidavot i drafted over * pages long and im worried my pleadings are too long and unorganized
Hello ****, drafting a concise and effective child custody modification plea can be challenging. It's important to keep your points relevant and clear. Here are some tips:
- Focus on your child's best interests.
- Describe changes that benefit your child.
- Keep your language polite and respectful.
- Organize your points chronologically.
Remember, the court's priority is the child's well-being. May I know your location to provide more specific assistance?
lancaster county pennsylvania
Hello ****, In Lancaster County, Pennsylvania, you can refer to the local rules of civil procedure for child custody cases. Here are a few key points:
- Include only relevant facts.
- Keep it concise.
- Use numbered paragraphs for easier reading.
- Make sure to sign and date the document.
For local help, you can reach out to the Lancaster County Court.
do i include evidence and have to cite laws?
Yes, ****, including relevant evidence and citing appropriate laws can strengthen your case. However, it's important to ensure that the evidence is presented in a clear, concise manner. You don't need to cite every law, but only those directly relevant to your case.
can you give me a format for a legal document i can attach to my petition for modification of custody? I have several changes in circumstances and several contempt issues that my ex husband violated like relocation without petitioning the courts and its also my childs wish to live with me full time and we already have a custody order issued back in * but my ex keeps violating it and he got remarried and his wife, our childs step mom is cruel to our child and abusive
Hello ****, I'm sorry to hear about your situation. Here's a basic format you can follow for your document:
*. Introduction: Your name, relationship to the child, and purpose of the document.
*. Background: Briefly state the existing custody order and its date.
*. Change in Circumstances: Detail the significant changes in your ex's situation, like relocation.
*. Contempt Issues: Highlight the instances where your ex violated the court order.
*. Child's Preference: If age-appropriate, mention your child's wish to live with you.
*. Alleged Abuse: Report any incidents involving the step-mother, with evidence if available.
*. Conclusion: Reiterate your request for modification of custody.
Please take this to a local attorney or legal aid service for review before submitting.
make sure the format is detailed and show me how to state a claim factually, where and how do i reference evidence, how do i cite state laws or statues violated, do i mentoin best interest facotrs, am i allowed to claim abuse, can i include child testamony or things she has directly told me, all of it as much info as you can give me for a successful and persuasive format
Sure, ****. Here's a more detailed structure:
*. **Introduction**: Clearly state your name, relationship to the child, and the purpose of the document.
*. **Background**: Briefly state the existing custody order and its date.
*. **Change in Circumstances**: Detail the significant changes factually, like your ex's relocation. Reference any evidence you have (e.g., "As shown in Exhibit A...")
*. **Contempt Issues**: Cite specific instances where your ex violated the court order. If a state law/statute has been violated, mention it here (e.g., "In violation of Pennsylvania Statute XYZ...")
*. **Child's Best Interest Factors**: Mention how the changes will benefit your child, such as a more stable home environment.
*. **Abuse Claims**: If applicable, factually describe any instances of abuse. Include evidence if available.
*. **Child's Preference**: If your child is old enough, you may include direct quotes from her.
*. **Conclusion**: Reiterate your request for custody modification for your child's best interest.
Please consult a local attorney for a review.
okay so for a reloction violation shoulkd i put this is both the changes in circumstanes category and comntempt category? if so how do i wrote this and cite law?
Yes, ****. The relocation violation can be mentioned in both sections. For example:
In "Change in Circumstances," you could write, "The defendant relocated without court approval (refer to Exhibit B for proof of new address)."
In "Contempt Issues," state, "The defendant violated Pennsylvania's child custody relocation law (* Pa.C.S. § *) by moving without petitioning the court."
Always consult a local attorney for accuracy.
what about how to claim and cite law about my ex withholdoing our child at the same time he relocated unlawfully? he moved into his goirlfreinds home and concealed her location and whereabouts from me because I didnt find out they moved for * weeks until our child told me and my ex withheld our child for 4 months violating our custody order as well as my rights to visitation and parenting time
In your "Contempt Issues" section, you could write, "The defendant violated my visitation rights, as granted under our custody order, and Pennsylvania's custody laws (* Pa.C.S. § *) by withholding our child for 4 months." Always consult with a local attorney to ensure accuracy.
what about my ex moving and not telling me and it changed our childs school district?
In your "Change in Circumstances" section, you can mention, "The defendant's relocation resulted in changing the child's school district without my consent, violating Pennsylvania's child custody relocation law (* Pa.C.S. § *)". Please consult with a local attorney for final review.
is there any laws on child concealment?
Yes, ****. In Pennsylvania, concealing a child from his/her parents is considered interference with custody, which is a criminal offense under Pennsylvania law (* Pa.C.S. § *). Always consult with a local attorney for accuracy.
is my ex withholding our child for extended period of time and not telling me where she is at and on the second time he withhheld her he traveled out of state without telling me too
Yes, ****. In Pennsylvania, withholding a child and concealing their whereabouts, especially when it involves interstate travel, without the other parent's consent may be considered custodial interference (* Pa.C.S. § *). Consult with a local attorney for clarity.
can you write this out for me and cite the crimional law he violates? on the first withholding he relocated without telling me and never informed me of our childs new address or whereabouts. on the second withholding he traveled out of state to indiana without telling me and withheld our child this time for * weeks
In the "Contempt Issues" section, you could write, "The defendant violated Pennsylvania's law on custodial interference (* Pa.C.S. § *) by: *) Relocating and withholding our child without informing me of their new address or whereabouts; *) Further, the defendant traveled out-of-state to Indiana without my consent, withholding our child for * weeks." Please consult with a local attorney to ensure accuracy.
does my ex's acts of withholding child and traveling out of state meet elements of parental kidnapping
Yes, under Pennsylvania law, unlawfully interfering with the custody of a child and concealing their whereabouts can constitute parental kidnapping (* Pa.C.S. § *). Always consult with a local attorney for accurate interpretation.
whats the best way to claim and cite this?
In the "Contempt Issues" section, you could state, "The defendant's acts of withholding our child and traveling out-of-state without my consent constitute parental kidnapping, as defined by Pennsylvania law (* Pa.C.S. § *)." Always consult with a local attorney for final review.
what are the elements of parental kidnapping
The elements of parental kidnapping under Pennsylvania law (* Pa.C.S. § *) generally include:
*. The parent intentionally took or retained the child.
*. The act interfered with the other parent's custodial rights.
*. The parent acted with intent to conceal or detain the child.
Always consult with a local attorney for accurate interpretation.
whats intent to conceal or detain child?
Intent to conceal or detain a child, under Pennsylvania law (* Pa.C.S. § *), typically means the deliberate act of hiding a child or preventing the child from returning to the other parent, thereby interfering with that parent's custodial rights. It's always advisable to consult with a local attorney for accurate interpretation.
whats the difference between custodial iterference and parental kidnapping
In Pennsylvania law:
- **Custodial Interference** (* Pa.C.S. § *) typically involves a parent preventing the other from exercising their legal custody rights, like denying visitation.
- **Parental Kidnapping** often involves a more severe act where a parent unlawfully takes, retains, or conceals the child with intent to deprive the other parent's rights.
Consult with a local attorney for accurate interpretation.
what about speaking ill of other parent and making disparaging remarks to child about the parent in regards to a contempt issue and violation of pa law
In Pennsylvania, it's generally considered detrimental to the child's wellbeing to disparage the other parent in front of the child. This can be seen as a form of emotional abuse, and may be a factor considered by the court when determining custody. It's advised to consult with a local attorney for accurate interpretation.
how to claim this and cite the law
In the "Contempt Issues" section, you could state, "The defendant regularly disparages me to our child, which is emotionally harmful and not in our child's best interest, per Pennsylvania law (* Pa.C.S. § *)." Please consult with a local attorney to ensure accuracy.
what about withholding communication between child and other parent
In Pennsylvania, withholding communication between a child and the other parent can be seen as interference with custody rights. In your "Contempt Issues" section, you could write, "The defendant has violated my right to communicate with our child, as per the Pennsylvania law (* Pa.C.S. § *)". Always consult a local attorney for accuracy.
what about any laws regarding the stepmother attempting to replace me or undermine my relationship with my daughter by removing my photos from her room forcing her to return the photos to my home
In Pennsylvania, there's no specific law addressing the removal of your photos by a stepparent. However, this action could be seen as an attempt to alienate the child from you. You might mention this under "Contempt Issues", stating the stepmother's actions are harming your relationship with your child, potentially violating the child's best interest standard (* Pa.C.S. § *). Please consult a local attorney for accuracy.
what about not allowing child to take anything between homes like a gift or personal items or even medically necessary items because if i purchased them the stepmother will not allow it in her home
In Pennsylvania, refusing to allow a child to bring necessary items between homes may not be against a specific law, but it can be considered against the child's best interest. You may mention this under "Contempt Issues" as an act of the stepmother that negatively affects your child's wellbeing (* Pa.C.S. § *). Always consult a local attorney for accuracy.
how should I type this issue so its clear and factual
In the "Contempt Issues" section, you might write, "The stepmother regularly refuses to allow our child to bring necessary items, including medical ones, between homes. This disrupts our child's life and is against her best interest, per Pennsylvania law (* Pa.C.S. § *)." Always consult a local attorney to ensure accuracy.
we have shared legal custody so what about shared decision making violations
In Pennsylvania, both parents in shared legal custody are expected to make major decisions about the child's life together. If one parent consistently violates this, mention this under "Contempt Issues." For example, "The defendant repeatedly violates our shared decision-making rights as outlined in our custody order, contrary to Pennsylvania law (* Pa.C.S. § *)." Always consult a local attorney for accuracy.
who is responsible for including the non custodial parent in decision making
In Pennsylvania, under shared legal custody, both parents are responsible for including each other in major decisions about the child's life. This includes decisions about education, healthcare, religion, and other important matters (* Pa.C.S. § *). Always consult with a local attorney for accurate interpretation.
okay but father makes decisions unilaterally on everyhting regarding our child and then he demands that I ask him for permission to cut her hair even though im a licensed cosmetologist
In Pennsylvania, under shared legal custody, both parents should make decisions together. If one parent is making unilateral decisions, it could be considered a violation of the custody agreement. In your "Contempt Issues" section, mention "The defendant consistently makes unilateral decisions, violating our shared legal custody agreement (* Pa.C.S. § *)." Consult with a local attorney for accuracy.
difference between unilateral decisions and not including the other parent on decision making
In the context of shared legal custody in Pennsylvania:
- **Unilateral decision-making** refers to one parent making decisions about the child's life without consulting the other parent.
- **Not including the other parent in decision-making** is a similar concept where one parent doesn't involve the other in important decisions. Both actions can violate shared legal custody terms (* Pa.C.S. § *). Always consult with a local attorney for accurate interpretation.
can you write those two together in one claim and cite the law
Sure, ****. In the "Contempt Issues" section, you could write, "The defendant consistently makes unilateral decisions and fails to include me in decision-making, violating our shared legal custody agreement under Pennsylvania law (* Pa.C.S. § *)." Always consult with a local attorney for accuracy.
are you aware of pa best interest factprs
Yes, ****. The best interest factors in Pennsylvania (* Pa.C.S. § *) typically include:
- The child's physical, emotional, and educational needs.
- The child's relationship with each parent.
- Any history of abuse.
- Each parent's ability to maintain a loving relationship with the child.
Always consult a local attorney to ensure accuracy.
there is * of them
Yes, ****. Pennsylvania law (* Pa.C.S. § *) lists * factors to be considered to determine the best interest of the child. These include factors such as the child's sibling relationships, the level of conflict between parents, and each parent's capacity to meet the child's needs. Always consult with a local attorney for accurate interpretation.
should i list and include each fovtor in my affidavit?
Yes, ****. It would be beneficial to address each factor in your affidavit to show how changing the custody situation would serve your child's best interests. However, make sure to keep each point concise and relevant (* Pa.C.S. § *). Always consult with a local attorney for accuracy.
can you help me do this?
Sure, ****. Here's a basic outline for addressing Pennsylvania's best interest factors (* Pa.C.S. § *) in your affidavit:
*. **Child's Needs**: Describe how you meet your child's physical, emotional, and educational needs.
*. **Child's Relationships**: Discuss your child's relationships with each parent, siblings, and others who may affect her best interest.
*. **Abuse History**: If applicable, detail any history of abuse by the other parent.
*. **Loving Relationship**: Explain how you maintain a loving and stable relationship with your child.
Repeat this process for each of the * factors. Always consult with a local attorney for accuracy.
what does it mean to plead facts establishing standing
To plead facts establishing standing means to provide enough factual evidence in your legal document to show that you have a legitimate interest or stake in the case. This is crucial to show the court that you have the right to bring the case forward. Always consult with a local attorney for accuracy.
do i need evidence for every claim i make
Yes, ****. It's advisable to support every claim with relevant evidence if available, as it can strengthen your case. However, the evidence should be clear, concise, and directly related to the claim you're making. Always consult with a local attorney for accuracy.
does things my child tells me count as evidence shes *
In Pennsylvania, what your child tells you can be considered evidence. However, it must be relevant and significant to the case. It's crucial to consult with a local attorney to ensure the information is used appropriately in court.
how do i claim something my child reports to me that causes me to become concerned for her safety
In your affidavit, you could state, "Our child communicated to me her concerns about (describe the incident or situation) which has caused me serious worry about her safety." Include any relevant evidence that supports your claim. Always consult a local attorney for accuracy.
do i file this affidavit with my petition even though we will have to attend a custody concillation conference? or do i file the affidavit after the conference if we cant come to an agreement
In Pennsylvania, you typically file the affidavit at the same time as the petition. The court usually considers this information before the custody conference. However, each case is unique. You should consult a local attorney for the most accurate advice.
okay do i prepare exhibit ist as well then? what do lawyers do? im pro se and dont know how to draft and prepaere all this
Yes, ****. Preparing an exhibit list can be beneficial as it helps organize your evidence. As a pro se litigant, you're performing tasks typically done by lawyers, such as drafting legal documents. You might consider seeking help from a local legal aid service or attorney for advice.
can you provide an exhibit list format for me that can be compared to my affidavit
Sure, ****. Here's a basic format for an exhibit list:
*. **Exhibit A**: Description of Evidence (e.g., Proof of defendant's relocation)
*. **Exhibit B**: Description of Evidence (e.g., Evidence of defendant withholding the child)
*. **Exhibit C**: Description of Evidence (e.g., Proof of defendant's unilateral decision-making)
And so on. Each exhibit should correspond to a specific point or claim in your affidavit. Always consult with a local attorney for accuracy.
what evidence will suffice for proof of unlawful relocation
Evidence for unlawful relocation could include:
*. Official documents or mail showing the new address
*. Testimony from reliable sources who can confirm the move
*. Digital evidence like social media posts showing the new location
*. School records showing a change in school district
Please consult with a local attorney for accuracy.