Custody Modification Petition Guide

Summary

To file a custody modification petition in Pennsylvania, attach a separate sheet for detailed reasons. Ensure it’s referenced in the main form. Document all instances of non-compliance with custody agreements and gather evidence. Separate contempt issues and changes in circumstances in different sections. Start with a brief overview of each issue, then detail each issue individually, providing evidence. Use a clear, chronological order to help the judge understand better. Attach related documents as exhibits with a brief description of each. Summarize your request for custody modification in the conclusion.

Full Conversation

I’m filling out this petition for custody modification, but there’s not enough room for me to write down my reasons for requesting the modification
Hello ****, You can attach a separate sheet detailing your reasons for the custody modification request. Just make sure it's clearly labeled and referenced in the main form. This is common when there's not enough space provided. Can you tell me which state you are in? Laws may vary.
Pennsylvania
Hello ****, In Pennsylvania, you can:
- Attach an additional sheet for further explanations.
- Ensure it's referenced in the main form.
- Verify that your reasons meet Pennsylvania's standard for custody modification, which requires a showing of substantial change in circumstances.
I live in wv and I have to file in pa because my daughter lives in Pa with her dad. The substantial change in his circumstances are as follows: *. He moved from his home into his girlfriend’s home without petitioning the courts for permission, thus violating my right to object the relocation as well. *. This relocation was done during the Covid-* lockdown between March 16th - 27th of *. *. During this time period of his relocation, he also unlawfully withheld our daughter from me for a period of 4 months, claiming that it’s not safe for her to travel between homes due to the Covid-* outbreak. However, he felt it was safe to move into a different home where his girlfriend resides and she also has two kids from her prior marriage. *. During the period of withholding, he only allowed our daughter to call me twice, once on April *, * and once on Mother’s Day *. *. When asked by our daughter why she couldn’t see me, he told her “if mom tried to pick you up she will go to jail”. *. I found out about this relocation from the child on our phone call on April 19th * as she told me she memorized the number on the mailbox and the street sign at the end of the road asking me if that’s how you find out your address or not and asking if I can just pick her up or if she ran away would I come get her. *. Second change of circumstance would be the move changed her school district which also violates the decision making where he is not including me in on major decision making for our daughter. *. Father remarried this girlfriend and scheduled this marriage on mothers weekend for visitation with daughter, leaving the mother no choice but to comply with fathers wishes to have their daughter present at wedding. *. Father unlawfully withhheld daughter on a second occasion when the mother was moving from her apartment in Harper’s ferry to her new home in martinsburg wv, however there would be a transition time between move out and move in when the home was ready for move in so the mother was planning to stay with her mother, the child’s grandmother, at her home in Harper’s ferry until the new home was move in ready which would be for a period of *-* weeks. The father used this transition stay as an opportunity to unlawfully withhold child for a period of * weeks. This withholding of child marks the second withholding of child and during this withhold the father traveled to the state of Indiana with his girlfriend at the time (now his wife). THIRD SIGNIFICANT CHANGE IN CIRCUMSTANCE would be the child’s wishes to live with the mother. FOURTH SIGNIFICANT CHANGE IN CIRCUMSTANCE: father has been traveling for work frequently over the past few months for several days at a time for example
****, you can present these changes as significant alterations in your child's living conditions that impact her wellbeing. Ensure to:
- Document all instances of non-compliance with custody agreements.
- Gather evidence of frequent travels impacting your child's stability.
- Validate your daughter's wish to live with you if she's of age to express preference in PA.
How do you separate the significant change in circumstances with the contempt issues when the changes and circumstances are linked to the contempt issues and everything like that? It’s hard for me to organize all of this so that it will be clearly understood by a judge and easy to read.
In Pennsylvania, you can:
- Separate the contempt issues and changes in circumstances in different sections of your document.
- Begin with a brief overview of each issue.
- Detail each issue individually, providing evidence where possible.
- A clear, chronological order might help the judge understand better.
Can you go into detail about this when you talk about providing a brief overview of each issue and then detailing each issue individually, providing evidence
Sure ****,
*. **Brief Overview**: Start with a summary of each issue. For example, "Issue *: Unlawful Withholding of Child", "Issue *: Change of Residence without Court Permission".
*. **Detail Each Issue**: Expand each issue with specifics. For example, under "Issue *", list the dates and circumstances of each withholding incident.
*. **Evidence**: Attach any texts, emails, or documentation supporting your claims. For example, for Issue *, provide any communication where he refused to let you see your child.
is it possible for you to give me a more specific format for this?
Sure, ****, I'm happy to help:
*. **Title Page**: Pennsylvania Custody Modification Petition
*. **Introduction**: Briefly introduce yourself, your relationship with the child, and the purpose of this petition.
*. **Overview of Issues**: List each issue in bullet points.
- Issue *: Unlawful Withholding of Child
- Issue *: Unauthorized Change of Residence
- Issue *: Child's Desire to Live with Mother
- Issue *: Frequent Travel for Work
*. **Detailed Description**: Expand on each issue.
- Issue *: Specify dates and circumstances of each withholding incident.
- Issue *: Explain the unauthorized move, impact on child's school, etc.
*. **Evidence**: Attach related documents as exhibits, with a brief description of each.
*. **Conclusion**: Summarize your request for custody modification.
*. **Signature and Date**