Many parents who have already been through a custody action know you can petition the court to change or modify the custody order at any time until the child is 18 years old. But parents will frequently come to us to explain this process. This blog is intended to give some tips on how you can modify your custody and whether you really should.

Before doing anything else, it’s best to sit down and list all the issues you’ve been facing. It’s hard to know how to fix any problem unless you understand what that problem is. Plus, if you go to an attorney, it’s easier to explain to them your concerns now that you’ve taken the time to focus on them yourself.

Ok, we now know what you dislike regarding your custody. The next thing you should do is thoroughly read through the existing custody order to make sure the problems you face are not already addressed. Maybe the other parent wants to talk over a phone call, but the order says all communication is to be in text messages. In that case, there’s no need to modify anything since the order already fixes your problem. You just need to notify the other parent that you will be strictly following the order as it is.

This is an important time to note that not all issues need to be resolved through custody court. Some minor issues can be resolved by discussing them with the other parent. Common examples of this are

1. The other parent is not taking advantage of their custody time. Unfortunately, we can’t help there. A custody order only protects the rights you have. If the other parent is forfeiting their time with the children, the judge will see it as their loss and move on. You cannot force someone to be a parent.
2. You want to change something minor about the custody order, and the other parent agrees, or you haven’t even discussed it with them yet. Remember, the parties are free to modify the existing order in any way they see fit so long as it’s by agreement in writing. This doesn’t mean you need a full-blown contract. A text message between the parents will do so long as it’s clear what you agree to.
3. You have an issue with child support. This is not a child custody matter but rather an issue of support. These issues cannot be addressed in custody court. You need to file a completely separate action with Domestic Relations to address the issue of support.

Now that you have narrowed down your issues of concern, it’s time to file a Petition for Modification with the court. This petition allows you to reopen the case with the court. By filing a Petition for Modification, you are essentially restarting the whole process from the beginning. In Lancaster County, you should expect to go to at least two custody conciliation conferences. If you still cannot reach an agreement with the other parent, you should expect to go to a custody hearing in front of the judge.

Sometimes you may need to file a Petition for Special Relief or Contempt depending on the specific problems you’ve been facing. One example is if a parent is willfully preventing you from having the custody time described in your order. You may want to file a Petition for Contempt to notify the court the other party is refusing to follow the order. This can all be filed at the same time you file your Petition for Modification.

In either case, it’s always best to speak with an attorney before deciding to proceed. The last thing anyone would want for you is to waste valuable time and effort when everything could have been resolved outside of court. If court really is the only option, then an attorney can help refine your issues to be the most impactful when in front of the judge.

If you are considering filing for a modification of custody, any one of our attorneys would be happy to help. Please contact our office and schedule a consultation today.