How to Legally Change Physical Custody in Pennsylvania
In Pennsylvania, there are four types of physical child custody: primary, shared, partial or visitation. Primary custody means that your child lives mostly in your home. Shared custody means that your child spends time living in both parents' homes. Partial custody means that your child has regularly scheduled nights or weekends at your home. Visitation means that you have regular visitation with your child outside your home.
If you already have a court order for child custody from a Pennsylvania domestic-relations court, you will need to file a petition to modify the order if you want the court to legally recognize any changes to your physical-custody arrangement.
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Instructions
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Consider whether you and your child's other parent can agree to change the physical-custody arrangement without a court dispute. Attend mediation at your local domestic-relations court, if you are both willing to participate, to discuss potential changes in your parenting schedule. If you come to an agreement during mediation, submit your negotiated terms for approval by the domestic-relations court that issued the child-custody order currently in effect.
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If you are the only parent requesting the change in physical custody, contact your local domestic-relations court and identify the specific forms required for a child-custody modification --- each county or local court may use its own paperwork. Look for the court's version of a Petition to Modify Custody and any related forms.
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Complete the Petition to Modify Custody as required by the form instructions. Name the parent who originally opened the child-custody case as the plaintiff and the other parent as the defendant. Identify yourself as the petitioner for this form --- you are the petitioner if you are initiating the request for a physical-custody change, even if you were not originally the plaintiff. Fill in the contact information for yourself and the other parent.
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On the Petition to Modify Custody form, provide the date of the court order already in effect and list the terms of the current physical-custody arrangement. Explain why the court should change the arrangement to serve the best interests of your child --- give specific reasons or describe new circumstances that require a new living arrangement or parenting schedule. Finish the form by listing your proposed changes for physical custody.
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Prepare a Domestic Relations Cover Sheet --- each Pennsylvania family court uses these cover sheets to confirm your contact information, collect demographic information and summarize any ongoing requests with the court. Sign and date your completed petition and cover sheet.
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Submit your original petition and cover sheet to the domestic-relations court by filing the forms in person at the court clerk's office, along with payment of the filing fee. If allowed by your local domestic-relations court, you can also mail the completed forms and a money order for the filing fee to the court's designated address. Confirm the fee amount by reviewing the list of fees on your local court's website or by calling the court clerk. Ask for a fee waiver if you qualify due to limited income.
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Pay attention to the hearing date, which the court will schedule with you through a mailed written notice. Attend all scheduled court dates, during which the judge will discuss your request for a change in physical custody.
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Tips & Warnings
Ask for help from a Pennsylvania domestic-relations attorney if you wish to discuss your custodial rights under state law or if you need assistance with your petition to modify custody.
Contact the Pennsylvania Bar Association if you would like a referral for a domestic-relations attorney or if you need information regarding legal-aid programs.
In addition to the original paperwork, you must file the number of additional copies required by your local court. The court might require up to six additional copies of your completed paperwork; contact the court clerk's office in advance to find out how many copies to make.
If you want to move away from the local area or move outside of Pennsylvania with your child, you may need to file a petition to relocate if the other parent does not agree to the move. If you object to a relocation proposed by the other parent, you can request a court hearing on the other parent's petition.
References
- "Child Custody"; Pennsylvania Bar Association; July 2005
- "Consider Mediation"; Philadelphia Family Court Custody Mediation Program; [No Date Given]
- "Petition to Modify Custody"; First Judicial District of Pennsylvania, Philadelphia Family Court; [No Date Given]
- "Domestic Relations Information Sheet"; First Judicial District of Pennsylvania, Philadelphia Family Court; November 2009
Resources
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