Modify Custody Petition Tips

Ask Your Question For Free

Summary

The conversation provides detailed guidance on drafting a petition to modify custody in Lancaster County, Pennsylvania. It includes structuring the petition, addressing issues of contempt, and citing relevant Pennsylvania laws. It also covers documenting child statements, understanding corporal punishment laws, and recognizing different forms of abuse. The user is advised to consult a local attorney or child protective services for specific legal advice and to ensure the childs safety and legal rights.

Full Conversation

I need a template or format for a petition to modify custody in lncvasdter county pennsylvania. pleadings must be fact and follow rules of civil procedure
Hi Desiree, I can provide some general information. The format should usually include the following:
*. Your full name and address
*. The other parent's full name and address
*. Child(ren)'s name(s) and birthdate(s)
*. Current custody arrangement details
*. Requested changes and reasons
Please ensure you consult with a local attorney or visit Lancaster County court's website for specific format requirements.
i understand this but there isnt room on the petition for modification of custody form to explain my reason why im requesting a modification as there is many issues of contempt in my case and many changes in circumstances and violations of our standing custody order.
Hello Desiree. If there's not enough room on the form, you could attach a separate sheet detailing the reasons for modification, contempt issues, changes in circumstances, and violations. Make sure to reference this attachment in the form. Do consult a local attorney to ensure your petition is correctly formatted.
what do you mean by formatted?
By "formatted", I mean the way your information is organized and presented in the document. It's important to follow the court's specific guidelines for document formatting such as margins, font size, and style. This makes your document legible and ensures your content is presented in a structured manner.
okay im already aware of those ruyles so i dont need a lawyer for that. can you provide me with an organized format for the petitions attachment and how I can frame all of this so that its easily understood and read by the judge?
Sure, Desiree. Here's a sample structure for your attachment:
*. **Introduction**: Identify yourself, the case, and the purpose of the document.
*. **Background**: Briefly outline the current custody arrangement and any important details.
*. **Issues of Contempt**: Detail each instance of contempt with date and description.
*. **Changes in Circumstances**: Describe each change in circumstance with date and impact.
*. **Violations**: List each violation of the current custody order.
*. **Requested Changes**: Explain modifications you're requesting and why they are in the child's best interest.
Remember, keep it factual, concise and organized. Each point should be a separate paragraph.
are my requested changes the same as a prayer for special relief?
No, they're not the same. Your requested changes are the modifications you want in your child custody order. A prayer for special relief typically refers to any additional remedies you're seeking from the court apart from the main issue, like asking for attorney's fees or immediate temporary orders while the case is pending.
understood. approxamately how long or how many pages are the petitions to modify custody
The length of your petition can vary depending on the complexity of your case. It could range from a few pages to a dozen or more. However, it's crucial to be concise and only include relevant information. Check with the Lancaster County court for any specific guidelines.
do lawyers ever draft a petition based on and following the best interests factors for child?
Yes, lawyers often draft petitions for child custody modification considering the 'best interest of the child' standard. This typically includes considerations such as:
*. The child's age and health.
*. Each parent's ability to care for the child.
*. Stability of home environment.
*. Any history of domestic violence.
*. The child's relationship with each parent.
Remember, always consult a local attorney to ensure you're addressing all relevant factors.
what does pennsylvanis consider domestic violence? and child abuse? reason i ask is because the situations my child is being exposed to are abusive in nature but how do you plead facts when its your child telling you this stuff
In Pennsylvania, domestic violence includes acts such as physical abuse, threats, stalking, harassment, and sexual abuse. Child abuse can be physical, emotional, or sexual harm, neglect, or endangerment. If your child is reporting these, document their statements. Consult a local attorney or child protective services for guidance, as they can help ensure your child's safety and legal rights.
how do i document the childs statements and incude this in my pleadings for the petition
In your attachment, create a section titled "Child's Statements". Write down exactly what the child said, the date they said it, and the context. Consider using direct quotes. Always ensure the child's statements are relevant to the case. Consult a local attorney for guidance.
do you have any tips for drafting a petition for modification of custody
Certainly, here are some tips for drafting a petition to modify custody:
*. Be clear and concise.
*. Use bullet points for ease of reading.
*. Include all pertinent details such as dates and locations.
*. Always prioritize the child's best interest.
*. Document all instances of contempt and violations.
*. Consult with a legal professional to ensure accuracy.
if i explain an issue to you can you retype it for me in a way that is short and to the point?
Absolutely, Desiree. Please feel free to share the issue with me and I'll do my best to help you rephrase it in a concise and clear manner.
father, primary physical parent, relocated unlawfully without petitioning the courts and without notice to me. at this same time was when he witghheld our daughter from me for the first time for a period of 4 months without any legal basis to do so. and here is why i say that: The relocation was during the period of the covid * pandemic and while i did agree to forego my next upcoming weekend with our daughter due to the uncertainty with covid * and all of the "stay at home" orders being placed in multiple states i felt it was best to keep our daughter safe and have her stay at her fathers for two weeks longer, that was the agreed upon time frame. however, father took it upon himself to not only withhold our daughter from me for 4 months from March * to July * *, but he also unlawfully relocated with our daughter without petitioning the courts or notifying me during the start of covid * pandemic and during the stay at home orders moving into his girlfriends house where she resides with her two children from a prior marriage.
In response to COVID-* concerns, I agreed to extend our daughter's stay with her father by two weeks. However, he unilaterally extended this period to four months (March *-July *, *) and relocated without court permission or notifying me, violating our custody agreement.
can you cite pennsylvania law?
Sure, the relevant Pennsylvania law here is * Pa.C.S.A. § *, which requires a party to file a notice of proposed relocation, and if the other party objects, the court will decide based on factors that ensure the child's best interest.
cite it in my claim or pleading and break down all facts i listed
Your claim could be structured like this:
"Under * Pa.C.S.A. § *, the father unlawfully relocated our daughter during March-July *, without court permission or my notification. Despite agreeing to a two-week extension due to COVID-*, he unilaterally extended it to four months and moved to a new residence, violating our custody agreement and Pennsylvania law."
since relocation is also a contemt issue how do i frame this under both sections? since its also a significant change in circumstances
You can frame it like this:
"Under **Issues of Contempt**, mention the father's violation of * Pa.C.S.A. § * by unlawfully relocating without court permission or my notification. Under **Changes in Circumstances**, detail how this unlawful relocation, paired with an unjustified withholding of our child, constitutes a significant alteration in the living and custodial situation that necessitates a review and modification of our current custody agreement."
okay so when listing the change in circumstances i shouldnt cite the law then correct?
Correct, Desiree. When listing changes in circumstances, you typically focus on the factual changes in your situation rather than citing the law. However, you can certainly mention that these changes have legal implications, such as violating custody agreements or Pennsylvania law.
okay so can you type me a factual pleading for both the change in circumstances section and the contempt issues section ensuring to cite the law in pennsylvania for the unlawful relacation and also the withholding of our daughter which is a direct violation of our custody order becuase you can only withhold a child in PA if you have a reasonable fear for childs safety and you must file a protection from abuse order within * hours of the withholding too
Sure, here's how you can frame it:
**Issues of Contempt**: "The father violated our custody agreement and Pennsylvania law, specifically * Pa.C.S.A. § *, by unlawfully relocating our daughter without court permission or my notification. Additionally, he withheld our daughter unjustifiably for an extended period, contrary to our agreement and without filing a protection from abuse order within the required * hours."
**Changes in Circumstances**: "Significant changes have occurred, notably the father's unlawful relocation and extended withholding of our daughter. These alterations have disrupted our child's living situation and violated the standing custody order, necessitating a review and modification of the current custody agreement."
would our daughter witnessing her stepmom hit and spank and yell at her biological son be considered witnessing domestic violence?
Yes, witnessing acts of physical violence, such as hitting and spanking, and emotional abuse like yelling, can be considered as exposure to domestic violence, especially if it's causing distress to your daughter. It's important to document such instances and consult with a local attorney or child protective services.
okay because i was told that spanking a child is legal in pennsylvania and when i asked this lawyer what happens if the stepmom hits or spanks my child, thats when the lawyer said there is nothing i can do because the law allows a stepparent to spank a stepchild is this true?
In Pennsylvania, corporal punishment like spanking is legal provided it does not cause injury to the child. However, if spanking goes beyond what is reasonable or causes harm, it may be considered child abuse. It's always best to consult with a local attorney on such matters.
okay but corporal punishment is for your own child correct? my ex husband and i do not spank our child and we do not agree with spanking. our child is scared of her stepmom because she spanks and hits and pushes her biological son but not her biological daughter and my child is * and old enough to know better and recognize mistreatment when she sees it. stepmom also calls the children names including my child like a "failure" or a "smart ass" and whenever my child is expressing her feelings or her side of a story the stepmom always responds with " oh thats bullshit"
In Pennsylvania, it's generally legal for a parent to use reasonable corporal punishment. However, if your child is experiencing fear or emotional distress due to the stepmom's actions, it could be considered harmful. Verbal abuse, name-calling, and dismissing a child's feelings can also be emotionally damaging. Document such instances and consult with a local attorney or child protective services.
but answer my question about corporal punishment-- can a step parent hit your child
In Pennsylvania, it's generally legal for a parent or step-parent to use reasonable corporal punishment. However, it's crucial to note that if spanking is excessive, causes injury, or goes against the wishes of a biological parent, it could potentially be considered child abuse.
what does the law say specifically regarding corporal punishment then? and what does pa consider "causes injury" when corporal punishment is being used
Under Pennsylvania law, corporal punishment like spanking is allowed, as long as it's:
*. Reasonable and not excessive.
*. Doesn't cause bodily injury.
"Bodily injury" is generally defined as impairment of physical condition or substantial pain. It's important to consult with a local attorney for specifics.
what a stupid law because thats all subjective is it not?
Indeed, the interpretation of 'reasonable' or 'excessive' punishment can be subjective, and it's often evaluated on a case-by-case basis. That's why it's crucial to document any incidents and consult an attorney or child protective services if you believe your child is being subjected to excessive or harmful discipline.
is leaving a mark on childs body considered causing injury
In Pennsylvania, if spanking or any form of corporal punishment leaves a mark, bruise, or causes substantial pain, it could be considered as causing bodily injury. It's advisable to consult with a local attorney or child protective services in such instances.
what about if you drag a child by the arm and throw them? what about if you lock a child outside naked to prove a point because they wont put on the clothes you want them to
Such actions could be considered child abuse under Pennsylvania law, as they involve physical harm and neglect. If you have any concerns about a child's safety, it's crucial to report it to your local child protective services or consult with an attorney.
how is it neglect?
In Pennsylvania, neglect refers to failing to provide for a child's basic needs or putting a child in a situation that could potentially harm their physical or emotional health. Locking a child outside naked could be seen as neglect because it fails to provide for the child's basic needs of clothing and shelter.
does pa recognize emotional abuse?
Yes, Pennsylvania does recognize emotional abuse. Under the law, emotional abuse can include acts like constant criticism, humiliation, and dismissive behavior that can adversely affect a child's emotional health or development. It's important to document instances of emotional abuse and consult with a local attorney or child protective services.
give specific exAMPLES FOR ME PLEASE OF EACH KIND OF ABUSE PA RECOGNIZES
Sure, here are examples of different forms of abuse recognized by Pennsylvania law:
*. **Physical Abuse**: Hitting, shaking, or throwing a child.
*. **Sexual Abuse**: Inappropriate sexual behavior or contact with a child.
*. **Emotional Abuse**: Constant criticism, humiliation, or dismissive behavior.
*. **Neglect**: Failing to provide for a child's basic needs like food, clothing, or shelter.
*. **Medical Neglect**: Ignoring a child's medical needs or refusing to provide appropriate medical treatment.
give examples in detail of the medical neglect in regards to a coparent situation
Sure, here are detailed examples of medical neglect in a co-parenting situation:
*. **Ignoring medical needs**: One parent doesn't inform the other about the child's illness, or doesn't seek medical attention when the child is seriously ill.
*. **Not following medical advice**: If a child has been prescribed medication or a specific treatment plan by a healthcare provider, and one parent consistently fails to follow these instructions.
*. **Preventing necessary treatment**: One parent refuses or prevents the child from receiving necessary medical treatment or therapies, despite being informed of their importance.
and do the same for neglect
Sure, here are detailed examples of neglect in a co-parenting situation:
*. **Basic Needs**: One parent fails to provide the child with necessary food, clothing, or shelter during their custodial time.
*. **Education**: A parent doesn't ensure the child attends school regularly or fails to address special educational needs.
*. **Emotional Neglect**: The parent doesn't provide necessary emotional support, ignores the child's feelings, or consistently exposes the child to inappropriate situations or behaviors.
*. **Safety**: The parent doesn't take necessary precautions to keep the child safe, like ensuring the child uses seat belts or supervising them around water bodies.
do the same for the rest of the types of abuse
Sure, here are detailed examples for the rest of the abuse types in a co-parenting situation:
*. **Physical Abuse**: One parent hits, shakes, or throws the child, or allows someone else to do so.
*. **Sexual Abuse**: One parent exposes the child to inappropriate sexual material, behaviors, or engages in inappropriate sexual contact with the child.
*. **Emotional Abuse**: One parent consistently criticizes, belittles, or dismisses the child's feelings, causing emotional distress or harm. This could also include one parent undermining the child's relationship with the other parent without reasonable cause.
give very detailed examples of emotional abuse that pa recognizes
Certainly, here are some detailed examples of emotional abuse recognized by Pennsylvania law:
*. **Humiliation**: Constantly criticizing the child, calling them names, or belittling them in front of others.
*. **Isolation**: Restricting the child's interactions with others, leading to feelings of loneliness or social withdrawal.
*. **Rejection**: Consistently excluding or disregarding the child, making them feel unwanted.
*. **Terrorizing**: Creating a climate of fear, bullying, or coercing the child, making them constantly anxious.
*. **Ignoring**: Consistently being emotionally unresponsive, indifferent, or ignoring the child's emotional needs.
is that all they recognnize? thats not very much
Pennsylvania law considers the examples provided as significant forms of emotional abuse. However, this list isn't exhaustive. If you believe a behavior is abusive and is causing emotional harm to your child, you should document it and consult with a local attorney or child protective services.
how to know wether or not i should file a claim with cps or not?
You should consider filing a claim with Child Protective Services (CPS) if you believe a child is being subjected to abuse or neglect. If the child's health, safety, or emotional well-being is at risk, it's crucial to report this. Consult with a local attorney or CPS in your area for guidance.
well my child told her school counselor several times how she is being treated by the stepmom and told her about how her stepbrother is treated and abused and the school counselor never reported it but she is a mandated reporter
In Pennsylvania, school counselors are indeed mandated reporters. They are required to report any suspected child abuse or neglect. If you believe the counselor has failed to report despite your child's disclosures, you may want to consult with a local attorney or directly contact Child Protective Services to report your concerns.
what are mandated reporters required to report
Mandated reporters in Pennsylvania are required to report any suspicion of child abuse, which includes:
*. Any recent act or failure to act by a perpetrator causing non-accidental serious physical injury to a child.
*. An act or failure to act by a perpetrator causing sexual abuse or exploitation of a child.
*. Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or failure to provide essentials.
*. Repeated and severe emotional abuse by a perpetrator.
should counselor have reported it if my child told her that shes witnessing her step brother get hit and spanked and cussed at and called names and the constsnt screaming and everything else? or due to our childs fathers failure to act or failure to protect]
Yes, in Pennsylvania, if a child reports witnessing abuse such as physical violence, verbal abuse, and constant screaming, the counselor, as a mandated reporter, should report this to the appropriate authorities. This includes situations where another person, such as a parent, is failing to protect the child from such abuse.
what are the elements of failure to protect in pa
In Pennsylvania, "failure to protect" a child from abuse generally involves:
*. Actual knowledge of the abuse.
*. Ability to prevent the abuse.
*. Failure to take reasonable steps to prevent the abuse.
*. The child suffering harm as a result.
Remember, each case is unique and it's important to consult with a local attorney or child protective services for guidance.
what about failure to protevct child from emotional abuse in pa? should the father be expected to recognize emotional abuse by the stepmother?
In Pennsylvania, a parent is generally expected to protect their child from all forms of abuse, including emotional abuse. If the father has knowledge of the emotional abuse by the stepmother and fails to take steps to prevent it, it could potentially be considered as a "failure to protect". However, this can be complex and it's recommended to consult with a local attorney or child protective services.