Modify Custody Orders Grounds

Lancaster county Pennsylvania

How to draft pleading for child custody modification in Lancaster county Pennsylvania and refer to federal rule * and give me examples of how to actually draft (type out) my claims and pleadings in a format that is accepted by the courts

Specifically jurisdiction pleadings

Can you type it out for me to show an actual example of a pleading? It’s Lancaster county Pa and child has lived there since November * * and I’m filing for modification of visitation time and change in physical custody

You don’t need to draft it just type out what you’d say like an example of it not an actual claim

Yes, I would like as much information as you could provide, and how I need to draft my pleadings for my custody modification to modify visitation time, keeping our shared legal custody, the same. The custodial parent has been violating our custody order in multiple ways for several years now And I would like my pleadings to include all of my reasons for wanting to modify custody, as well as listing several contempt issues, a list of witnesses, and a list of evidence, and a list of what I am requesting as far as special relief. If you could just help me understand how to draft the pleading and in what form and order that would be great.

What would the case caption be called? Also, what does factual background mean? Lastly, a statement of jurisdiction and venue, how would I go about typing that out? This is in Lancaster county, Pennsylvania, I live in Berkeley County, West Virginia, and the child lives with the plaintiff/custodial parent/father, who has Primary physical custody

don’t I list the jurisdiction and venue before I go into my factual background of claims?

do you by chance know the rules of court and pleadings in Lancaster county Pennsylvania?

Also, are you able to help me with wording when I’m stating my claims in the factual background portion of the pleading? I don’t want to include any run-on sentences or overstate my claims or anything like that, and I’d like to keep it very clear and simple. If I provide you with factual background, as well as contempt issues, could you help me reword them?

I’m modifying custody order, asking that shared legal custody stay the same, but that visitation be changed, making the mother the custodial primary physical parent and making the father the non-custodial partial custody parent. Reasons for this request as follows.

*. Father unlawfully, withholding child on several occasions, withholding the child, for several months at a time during each period of withholding

*. during these periods of withholding, the child from visitation, communications are also withheld between the child and mother, as well as the father and mother,

*. during all other normal periods, continues to restrict or withhold communication between the child and mother. The mother even purchased the child a cell phone, and the father agreed to let her have it, but whenever the child was at the father‘s home, child was instructed to keep the phone on top of the refrigerator and never use it. Whenever the child to visit the mother, the phone would be removed from the top of the refrigerator and given to the child to go to the mother’s house with.

*. right of refusal, the father has never exercised, right of refusal, offering the mother any additional time with the child instead of asking a family member or babysitter to keep the child instead and there is several instances where the mother found out later the child was a few minutes down the street from her, even though the mother lives out of state and mother was never notified of this or given the opportunity to spend time with the child

*. Relocation the father during the first period of withholding had relocated from his home, where he lived with his parents, the child’s grandparents, moving into a girlfriend’s home in a different town and school district. Father failed to notify the courts of this relocation, therefore violating the custody order and mothers rights to know where her child is at all times, as well as violating the custody order, taking away the mother’s right to object to this move. Mother found out weeks later through a secret phone call from the child where the child took several days to figure out how to read the street sign and mailbox number to find out what her new address was and notify the mother of it. Child was told by the father that they were simply going to spend the night and go back home but that never happened , and according to the child, she had to leave her grandparents and all of her things at home and move into this girlfriends house.

*. father, undermines, mother‘s relationship with the child and frequently makes negative and disparaging remarks about who she is as a person and her parenting abilities, the child frequently expresses upset to the mother about how the father and his girlfriend speak of her stating that it makes her angry and very sad. The child expresses a high-level of anxiety when speaking of living with the father at his girlfriends home and expresses obsessive anxious behaviors before leaving the mothers home to make sure that she is accidentally bringing anything from the mothers house back home to the father‘s house, as she knows this will upset him . The mother is not able to purchase clothes or shoes or school supplies for the child and send her home with them as the father will deny all of it whether it is a necessity or a toy, mother has repeatedly tried to purchase items necessary for school, and the father sends them home , not allowing them mother to contribute

*. father does not notify or update the mother on anything regarding the child as far as the child’s health and doctor visits, school, progress, grades, parent, teacher, meetings, extracurricular activities, sports, the mother is not invited to anything at all. The child has even gone to great links to sneak permission, slips and forms from school, folding them up very small and hiding them in inconspicuous places in between the lining of her backpack in order to get it to the mother, and this had started at age * knowing something was wrong, and that the mothers parenting was being interfered with

*. on a few rare occasions that the mother demanded to speak to the child over the phone, father force the child to put the phone on speaker, then proceeded to eavesdrop her conversation through the Alexa device, and then admits this to the mother stating: I had to listen over her conversation to make sure that nothing bad was being said about me to our daughter

*. father chooses, drop off times with the child to pick fights with the mother, and claim that the mother is always late, calling the mother, disrespectful, and claiming that she is selfish, and does not care, making false allegations about the mother in front of the child and blaming the mother as to why the child does not like his girlfriend girlfriend, and is afraid of her

*. father‘s girlfriend, physically abuses her younger son, and the child is witness to this, and has on multiplications, expressed to the mother and other witnesses that it makes her very sad that her father’s girlfriend treats her son the way that she does, and hits him. This is giving my child anxiety and causing her to fear her father‘s girlfriend.

*. Father‘s girlfriend, removed photos of the child’s mother from a photo collage. The mother made for her and stated to the child: isn’t it creepy that your mom watches you sleep at night? Upon removing the photos of the mother’s face, the girlfriend replaced it with photos of her face. She then instructed the child to take the photos out of the home and bring them back to her mother where they can stay. Child came home to mother‘s house in tears, handing her the photos and telling the mother she was not allowed to have them anymore and stating that she just wants to run away ,

*. I must state that the father‘s girlfriend has two children from a prior marriage, and both of her children are allowed to have cell phones and other electronics, they are allowed to communicate with their father, they are allowed to have photos of their father in their bedrooms so it just seems to me that only the child in here, my child, is prevented from the same permissions.

*. I’m multiplications the child has been forced to spend the night with the fathers girlfriends ex-husband‘s parents. Child is also instructed to refer to her father‘s girlfriend‘s ex-husband‘s parents as grandma and grandpa. Father has never notified the mother about this or gotten permission from her, or offered right of refusal. More recently, the father prioritized time with these grandparents and questions, stating that they are family and prioritizing child spending time with them over time with her mother that is court ordered.

*. Child expresses a deep desire to live with the mother instead of the father. Child states she is afraid of her father finding this out as she’s afraid she will lose his love. Child’s mental health and well-being is being witnessed by the mother and certain witnesses as a steady downward, progression and deterioration. The child’s anxiety has been increasing and the child frequently talks to the mother about this when she is at her house for the weekend. Mother is trying to do everything in her power to give the child on how to cope and manage with such difficult emotions, but the father is frequently undermining everything the mother tries to do. Mother tries to speak to father about her concerns regarding child’s mental health and beg the father for months to get her into a therapist, which he still has not done. The child does see a school counselor but I don’t feel a school counselor is certified to handle the extent of distress. The child is under so it is not being properly treated.

*. father has never included mother on any school forms or documents until only recently in December *. Did he request the mother’s email address and notify her that he was going to add her to school documents. Father‘s girlfriend, for several years now has taken the place of the mother and stood in for parent, teacher, conferences, school, activities, and events, emergency, contacts, etc. This is inappropriate unacceptable and shows a direct, willful intent to undermine the mothers relationship with the child

*. The evidence in this case will clearly show that the father and his girlfriend have a very toxic relationship that has, in fact, influenced the father‘s ability to properly parent, his child and coparent with the mother. The mother has evidence that will show that the father is attempting to control the narrative of what he chooses to believe about the mother and causing the child to feel guilty for loving the mother. Through all of this, the mother is still trying to foster a positive relationship between the child and father, but feels options are exhausted and that filing for a modification and contempt is a last resort, but a last resort, in order to protect the child from further harm.

*. Might I also state it is vital to understand that the mother was the primary caretaker of the child from birth until age *. It was at age * when mother and father are separated, mother is living on her own and unemployed, and felt that the child’s best interest in needs would be better met, if she did the selfless thing and asked the father to take the child to live with him and his parents, the child’s grandparents, knowing they could provide the child, especially at such a young age, with a better sense of family and stability and security. The mother did not , want to be selfish and indirectly cause the child to suffer in any way shape or form. Mother and father coparent amicably from this point in time until early * mother believes the main factor influencing the change and coparenting from amicable to hostile is directly influenced by the father’s relationship with his girlfriend, especially upon Him moving into her home. Mother has tried to be understanding and forgiving, never to speak negatively about the father so as to avoid disrupting the child’s love for her father, but the mother is now desperate for help in getting these issues resolved as they have become numerous and overwhelming .

*. The child has an older sibling, *-year-old sister, with whom she is very close with. This is the mother’s daughter from a previous relationship, and both children have grown up together since the child questions birth, father to EJ was a stepfather to the mother’s older daughter up until, age *. The mother insured they kept a close relationship but once the father had primary physical custody of the child, everything begin to change, and the mother believes that keeping them close even though the older child is now of illegal adult age, is irrelevant, given the fact that the older sibling Lives within the same county as the mother so they can continue to foster their sibling relationship. Mother also has the child’s grandmother and grandfather, as well as Anson uncles, cousins, even including the fathers family, who lives closer to the mother than the father, whom of which the mother has a civil, healthy relationship with And has proven the ability to foster a good relationship between the child and the father‘s family as well. Mother is willing to provide evidence as well as witness testimony to support this claim.

*. the mother has been in a steady relationship for five years with a partner, who resides in Virginia employed as a police officer. Mother does not live with her boyfriend, as she does not believe it is in the child’s best interest to do so, as it can cause confusion for the child, as well as take attention away from mothers time with the child. witness testimony from the boyfriend and other witnesses can support this claim

*. the mother is able and willing to meet all of the child’s needs and Foster a positive relationship with the father and his extended family and can also prove by evidence and witness testimony that she has always done so, and will continue to. The mother is a child of divorce herself and understands the importance of a healthy coparenting relationship as she clearly expressed to the father when they initially got divorced, promising that neither of them would ever do anything to hurt the child or cause the child to feel as if she doesn’t belong or is unloved by either parent. The mother does not believe the father is a bad parent or person. the mother knows that the father is a good person who loves his child very much. Mother just believes that father‘s priorities are a little mixed up at the time and he’s making some bad decisions that are putting the child in harms way physically, emotionally, mentally psychologically. the child is in desperate need of a sense of security and stability as her safety has been neglected. Mother is concerned because the father holds a belief that there is nothing wrong with the parenting styles. They are exhibiting, and the mother can prove that the child’s needs are being ignored putting the fathers needs and desires as a priority over top of the child. This is creating damage to the child’s well-being, and the mother would like to initiate repair work for the child to include therapy from a professional, regular visits with the father, to always include father and extended family, plus, right of refusal, being exercised, and mother would like to attempt to form a positive relationship with the father’s girlfriend, soon to be wife. mother understands that the father‘s girlfriend is not willing to even attempt to get to know the mother or establish a healthy relationship with her but the mother is still going to try and would like her to try as well. We are all here for the best interest of the child not ourselves. mother is not willing to allow the child to be treated as upon or object in order to hurt the other or feel vindicated in doing such. The mother is pleading with the courts to please take note of every claim listed here as they are all serious and directly affect , the emotional well-being of this child.

*. mother would also like to request that it is to be court ordered that mother, father, and child are to enter some form of counseling or therapy or coparenting courses, that the court recommends would be beneficial in order to improve the coparenting relationship and communication between parents.

*. Mother has communicated with each witness. She has listed on the custody pretrial memorandum. List of witnesses and exhibits and contempt issues are factual, but not exhausted and will potentially need to add more at a later time.

*. mother would also like to request that if the court finds any other rules or stipulations or recommendations be added to their modified custody order, the mother is more than willing to suggestions and additions to the order in order to structure a more positive custody and coparenting dynamic.

*. mother premises, the courts to interview the child regarding any of these claims as well as a witness, requesting it be done in judges, Chambers, and not in a court room in front of the parents, this will ensure more factual and honest, uncaged statement from the child, and not a fear response

Does the state of Pennsylvania have any laws regarding a coparent, new partner and their rights? In regards to anything like discipline or punishment or carpal punishment or abuse or interference with custody or anything

Did you elaborate on corporal punishment for me? What do you mean that it’s not illegal but it can’t cause injury?