Motion to Modify Custody and Visitation Order in Pennsylvania

In short, yes, Pennsylvania law allows either party that is subject to a child custody or visitation order to modify the order. It is important to first understand how child custody decisions are made prior to attempting child custody modifications.

Child custody in Pennsylvania refers to the set of legal rights that are granted to a biological or adoptive parent in Pennsylvania upon receiving custody of their child in a divorce or legal separation setting. For instance, a parent who has legal custody over their child in Pennsylvania will have the right to make important legal decisions on behalf of that child.

Examples of important decisions that an individual possesses when they have legal custody over a child include, but are not limited to:

• The right to make educational decisions for the child, such as what type of school they go to, what type of courses the child should take, and other educational choices
• The right to make religious decisions regarding what religion to raise the child in, if any
• The right to make legal decisions on behalf of the child, such as whether or not to enter into certain legal contracts on behalf of their child or represent the child in a lawsuit
• The right to make medical decisions for the child, such as whether or not the child should undergo invasive and noninvasive procedures
• The right to make decisions regarding the psychiatric treatment of the child

When Can You Modify a Custody or Visitation Order?

As mentioned above, Pennsylvania law allows you to modify a custody or visitation order in two ways:

• By Mutual Agreement: If both parents agree to the modification, they can draft an agreed new custody agreement and submit it to the court for approval
  • Generally, it is advised to have a family law attorney help with drafting the agreed order in order to ensure the agreement is legally sound and enforceable
• By Petition: If the parties cannot agree to the modification, one parent can file a petition to modify the custody order in the court that has jurisdiction over the matter
  • The court will then evaluate the filing party’s request based on the child’s best interest standard

When making a decision on whether or not to grant a custody modification or visitation order, family law courts will always determine whether or not such a change is in the child’s best interest.

The factors considered by a family court in Pennsylvania regarding when determining whether or not an order is in the child’s best interest can be found at Title 23, Chapter 53, Section 5328 of the Pennsylvania Consolidated Statutes.

That statute provides that a family law court will consider the following factors when determining custody of a child or modifying custody of a child:

• Who is likely to encourage and permit frequent and continuing contact between the child and another party
• Any present and past abuse committed by a party or member of the party’s household that may create a risk of harm to the child
• The parental duties performed by each party attempting to obtain custody
• The need for stability and continuity in the child’s education, family life, and community life
• The availability of extended family
• The child’s sibling relationships.
• The preference of the child, which may be considered based on the child’s maturity and judgment
• Which party seeking custody is more likely to maintain a loving, stable, consistent, and nurturing relationship with the child adequate for the child’s emotional needs
• Which party seeking custody is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child
• The party seeking custody’s availability to care for the child or ability to make appropriate child-care arrangements
• The history of drug or alcohol abuse of any person seeking custody
• The mental and physical condition of the person seeking custody, as well as the child
• Any other relevant factor

All of the above factors play a role in determining what is considered to be in a child’s best interest. In other words, the child’s best interest standard is a legal standard that all family courts adhere to when making decisions regarding children.

How to File a Petition for Modification of Child Custody or Visitation Order

In order to file a petition for modification of child custody or visitation in Pennsylvania, you should follow these steps:

• Determine Eligibility: First, you should ensure there has been a “significant change” in circumstances that affects the child’s best interests
• Complete the Petition Form: Next, you will need to obtain and fill out the “Petition for Modification of a Custody Order” form, which can be found on the Pennsylvania Courts website
• Provide Necessary Information: You will then need to include details such as the names of both parents, the current custody order, and the reasons for the requested modification
• Attach Supporting Documents: You should be sure to attach any relevant documents, such as the current custody order, evidence of the change in circumstances, and a completed Criminal Record/Abuse History Verification form
• File the Petition: Then you must submit the completed petition and supporting documents to the court in the county where the original custody order was issued
• Serve the Other Parent: Next, you are required to legally serve the other parent with the petition to notify them of the request for modification
• Attend the Hearing: The court may then schedule a hearing to review the petition and hear arguments from both parents, unless both parties agree to the changes
• Court Decision: The judge will make a decision based on the best interests of the child, based on the factors noted above

What Are Temporary Child Custody Modifications?

In Pennsylvania, temporary child custody modifications, also commonly referred to as interim custody orders, are orders that are used to establish custody arrangements while a final decision is being made.

In other words, temporary child custody modification orders dictate who has custody and pays child support while the modification litigation process plays out. Importantly, temporary child custody modifications will remain in effect until a judge issues a final order denying the modification request or agrees to the modification.

A local attorney in Pennsylvania will be able to help guide you through Pennsylvania’s rules regarding obtaining a custody modification or modification of a visitation order. They will also be able to help ensure that you have grounds for seeking the modification.

Do I Need a Lawyer To Modify a Child Custody or Visitation Order?

As can be seen, there are numerous factors that must be considered prior to seeking modification of a previously issued child custody or visitation order. As such, if you are seeking modification or a prior custody or visitation order, it is in your best interests to first consult with an experienced Pennsylvania child custody lawyer.

LegalMatch can assist you in setting up an initial legal consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand your state’s specific laws on child custody modifications, including ensuring that there has been a significant change that allows you to seek such a change.

They can also help you attempt to reach an agreed modification of child custody or visitation and help draft an agreed order to present to the court that retains jurisdiction over the case. Should an agreed order not be possible, an attorney can also help you properly draft, file, and serve the petition for modification on the other party. Finally, an attorney will also be able to represent you in court, as needed.