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Modify Custody During Appeal
Summary
In Pennsylvania, you can generally file a motion to modify custody even if the current custody order is being appealed. The trial court can address the motion unless the appeal stays the proceedings. The appellate court may need to be informed of any modifications. To file a motion in Allegheny County, PA, draft the motion, file it with the court, serve the other party, and attend the hearing. Key forms include the Motion for Modification of Custody, Notice to Defend and Claim Rights, and Service Forms. For specific forms and detailed steps, visit the Allegheny County Court website or contact the Family Division of the Court of Common Pleas.Full Conversation
Can you present a motion to modify custody if the current custody order is being appealed
In Pennsylvania, you can generally file a motion to modify custody even if the current custody order is being appealed. However, the appeal might affect how the court handles the motion.
- The trial court can still address the motion unless the appeal stays the proceedings.
- The appellate court may need to be informed of any modifications.
Would you like information on how to file the motion or details on Pennsylvania custody laws?
- The trial court can still address the motion unless the appeal stays the proceedings.
- The appellate court may need to be informed of any modifications.
Would you like information on how to file the motion or details on Pennsylvania custody laws?
Yes
Sure, Dara. Here's a brief overview on how to file a motion to modify custody in Pennsylvania:
- **Draft the Motion**: Include the current custody order, reasons for modification, and proposed changes.
- **File the Motion**: Submit the motion to the clerk of the court where the original custody order was issued.
- **Serve the Other Party**: Serve a copy of the motion to the other parent.
- **Attend the Hearing**: Present your case at the scheduled court hearing.
Would you like more detailed steps or specific forms required for filing?
- **Draft the Motion**: Include the current custody order, reasons for modification, and proposed changes.
- **File the Motion**: Submit the motion to the clerk of the court where the original custody order was issued.
- **Serve the Other Party**: Serve a copy of the motion to the other parent.
- **Attend the Hearing**: Present your case at the scheduled court hearing.
Would you like more detailed steps or specific forms required for filing?
Yes
To file a motion to modify custody in Pennsylvania, you'll need to complete several forms and follow specific steps. Here's a more detailed guide:
*. **Draft the Motion**:
- Include the current custody order.
- State the reasons for modification.
- Outline the proposed changes.
*. **File the Motion**:
- Submit the motion to the clerk of the court where the original custody order was issued.
*. **Serve the Other Party**:
- Deliver a copy of the motion to the other parent, following proper service procedures.
*. **Attend the Hearing**:
- Present your case at the scheduled court hearing.
Phone: (provide specific contact if needed)
Address: (provide specific address if needed)
Website: www.pacourts.us
Would you like assistance in locating specific forms, or any other details regarding the process?
*. **Draft the Motion**:
- Include the current custody order.
- State the reasons for modification.
- Outline the proposed changes.
*. **File the Motion**:
- Submit the motion to the clerk of the court where the original custody order was issued.
*. **Serve the Other Party**:
- Deliver a copy of the motion to the other parent, following proper service procedures.
*. **Attend the Hearing**:
- Present your case at the scheduled court hearing.
Court of Common Pleas of (*Your County*)
Phone: (provide specific contact if needed)
Address: (provide specific address if needed)
Website: www.pacourts.us
Would you like assistance in locating specific forms, or any other details regarding the process?
yes
Sure, Dara. To help you further, here are some details you might need:
Phone: (Your County's specific contact number, if needed)
Website: [www.pacourts.us](http://www.pacourts.us)
Would you like assistance in locating specific forms or any other details regarding the process?
Court of Common Pleas of (Your County)
Phone: (Your County's specific contact number, if needed)
Website: [www.pacourts.us](http://www.pacourts.us)
Would you like assistance in locating specific forms or any other details regarding the process?
I live in Allegheny County PA
Thanks for that information, Dara. Here's what you need for the Court of Common Pleas in Allegheny County:
Phone: (*) *-*
Website: [www.alleghenycourts.us](http://www.alleghenycourts.us)
Would you like assistance in locating specific forms or any other details about filing the motion to modify custody?
Court of Common Pleas of Allegheny County
Phone: (*) *-*
Website: [www.alleghenycourts.us](http://www.alleghenycourts.us)
Would you like assistance in locating specific forms or any other details about filing the motion to modify custody?
forms for presenting a motion
To present a motion to modify custody in Allegheny County, PA, you will need to complete specific forms. Here are the key forms and steps:
*. **Motion for Modification of Custody**: Include current order, reasons for modification, and proposed changes.
*. **Notice to Defend and Claim Rights**: Inform the other parent of the motion.
*. **Service Forms**: Proof of service to the other party.
You can find these forms on the Allegheny County Court website or at the Family Division of the Court of Common Pleas.
Phone: (*) *-*
Website: [www.alleghenycourts.us](http://www.alleghenycourts.us)
Would you like more details on how to complete these forms or any other assistance?
*. **Motion for Modification of Custody**: Include current order, reasons for modification, and proposed changes.
*. **Notice to Defend and Claim Rights**: Inform the other parent of the motion.
*. **Service Forms**: Proof of service to the other party.
You can find these forms on the Allegheny County Court website or at the Family Division of the Court of Common Pleas.
Court of Common Pleas of Allegheny County
Phone: (*) *-*
Website: [www.alleghenycourts.us](http://www.alleghenycourts.us)
Would you like more details on how to complete these forms or any other assistance?
Yes
Here's how to complete the forms for presenting a motion to modify custody in Allegheny County:
*. **Motion for Modification of Custody**:
- Include details of the current custody order.
- Clearly state the reasons for requesting a modification.
- Describe your proposed changes in custody.
*. **Notice to Defend and Claim Rights**:
- Inform the other parent about the motion and their rights.
- Ensure this notice complies with court requirements.
*. **Service Forms**:
- Complete proof of service forms to show the other parent received the motion.
Phone: (*) *-*
Website: [www.alleghenycourts.us](http://www.alleghenycourts.us)
Would you like more guidance on any specific form or step?
*. **Motion for Modification of Custody**:
- Include details of the current custody order.
- Clearly state the reasons for requesting a modification.
- Describe your proposed changes in custody.
*. **Notice to Defend and Claim Rights**:
- Inform the other parent about the motion and their rights.
- Ensure this notice complies with court requirements.
*. **Service Forms**:
- Complete proof of service forms to show the other parent received the motion.
Court of Common Pleas of Allegheny County
Phone: (*) *-*
Website: [www.alleghenycourts.us](http://www.alleghenycourts.us)
Would you like more guidance on any specific form or step?
how do I file an brief for an appeal of a custody order in Allegheny county
To file a brief for an appeal of a custody order in Allegheny County, follow these steps:
*. Notice of Appeal:
- File a Notice of Appeal with the Clerk of the Court of Common Pleas within 30 days of the order.
*. Docketing Statement:
- File a docketing statement with the appellate court.
*. Brief Preparation:
- Follow the Pennsylvania Rules of Appellate Procedure to draft your brief.
*. Record Transmission:
- Ensure the trial court sends the record to the appellate court.
*. Filing the Brief:
- Submit the required copies of the brief to the appellate court and serve the opposing party.
Would you like more details on any specific step or help with drafting the brief?
*. Notice of Appeal:
- File a Notice of Appeal with the Clerk of the Court of Common Pleas within 30 days of the order.
*. Docketing Statement:
- File a docketing statement with the appellate court.
*. Brief Preparation:
- Follow the Pennsylvania Rules of Appellate Procedure to draft your brief.
*. Record Transmission:
- Ensure the trial court sends the record to the appellate court.
*. Filing the Brief:
- Submit the required copies of the brief to the appellate court and serve the opposing party.
~Court of Common Pleas of Allegheny County
Phone: (*) *-*
Website: [www.alleghenycourts.us](http://www.alleghenycourts.us)
Phone: (*) *-*
Website: [www.alleghenycourts.us](http://www.alleghenycourts.us)
Would you like more details on any specific step or help with drafting the brief?
yes
To help you draft the brief for an appeal of a custody order, here are the key components you need to include:
*. Introduction:
- Briefly state the case and the order being appealed.
*. Statement of Jurisdiction:
- Explain why the appellate court has jurisdiction over this appeal.
*. Statement of Issues:
- List the legal issues being raised in the appeal.
*. Statement of the Case:
- Provide a summary of the procedural history and pertinent facts.
*. Argument:
- Present legal arguments supported by statutes, case law, and evidence.
*. Conclusion:
- Summarize your position and state the relief you are seeking.
Would you like assistance in drafting any specific section of the brief, or any other guidance related to the appeal?
*. Introduction:
- Briefly state the case and the order being appealed.
*. Statement of Jurisdiction:
- Explain why the appellate court has jurisdiction over this appeal.
*. Statement of Issues:
- List the legal issues being raised in the appeal.
*. Statement of the Case:
- Provide a summary of the procedural history and pertinent facts.
*. Argument:
- Present legal arguments supported by statutes, case law, and evidence.
*. Conclusion:
- Summarize your position and state the relief you are seeking.
Would you like assistance in drafting any specific section of the brief, or any other guidance related to the appeal?
what is the Pennsylvania Rules of Appellate Procedure
The Pennsylvania Rules of Appellate Procedure govern the process of appealing cases in Pennsylvania courts. Here are some key points:
- Rule *: Notice of Appeal must be filed within 30 days.
- Rule *: Contents of the Brief include the introduction, jurisdiction, issues, case statement, argument, and conclusion.
- Rule *: Statement of Matters Complained of on Appeal must be filed with the trial court.
Would you like more detailed information on any specific rule or guidance on how to apply these rules to your case?
- Rule *: Notice of Appeal must be filed within 30 days.
- Rule *: Contents of the Brief include the introduction, jurisdiction, issues, case statement, argument, and conclusion.
- Rule *: Statement of Matters Complained of on Appeal must be filed with the trial court.
Would you like more detailed information on any specific rule or guidance on how to apply these rules to your case?
Where can I find a copy of these rules?
You can find a copy of the Pennsylvania Rules of Appellate Procedure on the official Pennsylvania Courts website. Here's the link: [Pennsylvania Rules of Appellate Procedure](http://www.pacourts.us/assets/opinions/Supreme/out/Pa.R.A.P.*.pdf)
Would you like help with any specific rule or further guidance on your appeal?
Would you like help with any specific rule or further guidance on your appeal?
that link did not work
Sorry about that! You can find the Pennsylvania Rules of Appellate Procedure on the official Pennsylvania Courts website by navigating to their rules section. Here’s a corrected link to access the rules: [Pennsylvania Rules of Appellate Procedure](https://www.pacourts.us/courts/supreme-court/rules).
Would you like assistance with any particular rule or further guidance on the appeal process?
Would you like assistance with any particular rule or further guidance on the appeal process?
That link also did not work
I apologize for the inconvenience. To access the Pennsylvania Rules of Appellate Procedure, please follow these steps:
*. Visit the official [Pennsylvania Courts website](https://www.pacourts.us/).
*. Navigate to the "Rules" section.
*. Select "Appellate Procedure" from the list of rules.
Would you like help navigating the website or further guidance on the appeal process?
*. Visit the official [Pennsylvania Courts website](https://www.pacourts.us/).
*. Navigate to the "Rules" section.
*. Select "Appellate Procedure" from the list of rules.
Would you like help navigating the website or further guidance on the appeal process?
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