Which Custody Petition Should You File? The Answer Depends on Your Case.
Filing the right custody petition in Pennsylvania can mean the difference between getting the parenting time you deserve or facing legal setbacks. Whether you’re filing for full custody, modifying an existing order, enforcing a court order, or even seeking emergency relief, there’s a specific legal process for each scenario. As a Pennsylvania family law attorney, I’ve guided countless parents through this process, and I’m here to help you understand what steps to take next.
Why You Need to File the Right Custody Petition
I once had a client, let’s call her Sarah, who came to me after filing the wrong petition on her own. She wanted to modify custody because her ex was violating the order, but instead of filing for modification, she filed for contempt. Unfortunately, the court denied her request because contempt wasn’t the right legal remedy. After correcting the paperwork, she got the relief she needed. Mistakes like this cost time and money—so let’s make sure you’re filing the right custody petition the first time.
Types of Custody Petitions in Pennsylvania
Pennsylvania offers several legal avenues depending on your custody situation. Below, we break down each type and when you should use it.
1. Complaint for Custody (For First-Time Custody Orders)
If no formal custody order exists, you must file a Complaint for Custody to establish one.
Who Should File?
- A parent seeking a legal custody order for the first time.
- Grandparents or third parties under specific circumstances.
Key Considerations:
- Pennsylvania courts decide custody based on the child’s best interests under 23 Pa.C.S. § 5328.
- You may need to attend mediation before a court hearing.
- Once an order is in place, it’s enforceable by law.
2. Petition for Modification of Custody (Changing an Existing Order)
Life changes, and sometimes, so should a custody arrangement. If you already have a custody order but need to change it, you must file a Petition for Modification of Custody.
Common Reasons for Filing:
- One parent is relocating (see next section for relocation petitions).
- A parent’s circumstances have significantly changed (new job, remarriage, health issues, etc.).
- The child’s needs have changed as they grow older.
Pro Tip:
If you’re requesting a modification, document everything. Courts favor well-documented requests that clearly show how the change benefits the child.
3. Petition for Relocation (When a Parent Wants to Move)
Under 23 Pa.C.S. § 5337, any parent wishing to relocate with a child must follow strict legal procedures.
What’s Required?
- Written Notice: The moving parent must notify the other party at least 60 days before moving.
- Objection Window: The non-moving parent has 30 days to contest.
- Court Hearing: If the parents disagree, a judge decides based on factors like the child’s education, family ties, and impact on custody.
I once represented a father who didn’t object in time—he lost his ability to fight the move. Timing is everything in relocation cases.
4. Petition for Contempt of Custody Order (When a Parent Violates the Order)
If the other parent is ignoring the custody order, you can file a Petition for Contempt to enforce it.
Common Violations:
- Refusing to exchange the child at the scheduled time.
- Denying court-ordered visitation.
- Relocating without permission.
Possible Penalties for Violating Custody Orders:
- Fines or jail time.
- Makeup parenting time.
- Modification of custody arrangements.
5. Emergency Petition for Special Relief (Urgent Custody Issues)
If a child is in immediate danger, you can file an Emergency Petition for Special Relief to request temporary custody.
Situations That Warrant Emergency Petitions:
- Domestic violence.
- Child abuse or neglect.
- Parental drug use or mental health concerns.
6. Petition for Grandparent or Third-Party Custody
Pennsylvania allows grandparents and third parties to seek custody in certain situations under 23 Pa.C.S. § 5324.
When Grandparents Can File:
- When the child has lived with them for at least 12 months.
- If a parent is deceased or the child is at risk of harm.
Frequently Asked Questions (FAQs)
How long does it take to get a custody order in Pennsylvania?
It varies. An emergency petition can be decided within days, while a standard custody case can take months.
Can a child decide which parent to live with?
Pennsylvania courts consider a child’s preference based on their maturity level, but ultimately, the judge makes the decision.
What if the other parent refuses to follow the custody order?
File a Petition for Contempt to enforce the order. The court can impose fines or even modify custody.
Can I modify custody without going to court?
Only if both parents agree. Otherwise, you must file a Petition for Modification and attend a hearing.
Do I need a lawyer to file a custody petition?
Technically, no. But the legal process is complex, and mistakes can cost you valuable time with your child. Consulting a Pennsylvania child custody attorney ensures you file the correct petition and present a strong case.
Get Legal Help for Your Pennsylvania Custody Case
Filing the right custody petition in Pennsylvania can be overwhelming, but you don’t have to do it alone. As an experienced child custody lawyer in Pennsylvania, I can help you navigate the legal system and fight for the best outcome for your family.
David Wenger is a family and criminal law attorney practicing in Mercer, Beaver, Butler, Lawrence, and Crawford counties in Pennsylvania. A former prosecutor and court-appointed Guardian ad Litem, he has extensive experience representing clients in complex custody and criminal defense cases. His passion is advocating for parents and children in the courtroom, ensuring their rights are protected.
