How to File a Petition to Modify Custody in PA

To file a petition to modify custody in PA, you submit a Petition for Modification of a Custody Order to the Prothonotary’s Office in the county where your child has lived for the past six months, pay the filing fee or request a waiver, formally serve the other parent, and then attend a conciliation conference the court must schedule within 45 days. If no agreement comes out of that conference, the case moves toward a trial before a judge. The legal standard the court applies is the child’s best interest.¹

What Counts as a Good Reason to Ask for a Change

Section 5338 of Pennsylvania’s Child Custody Act says a court “may modify a custody order to serve the best interest of the child.”¹ You do not have to prove a “substantial change in circumstances,” despite what many online guides claim. When Pennsylvania overhauled its custody law in 2011, it dropped that older case-law requirement.

Even so, judges want to understand what has changed and why the current order no longer works. A petition that says only “I want more time” without explaining why the existing order fails the child will not get far. Reasons courts commonly find persuasive include a parent’s relocation, a significant change in work schedules, a child’s evolving needs as they grow older, substance abuse or criminal conduct by a parent, or one parent repeatedly violating the current order. Concrete facts tied to the child’s welfare are what carry the petition.

Best-Interest Factors to Tie Your Petition To

The court works through a statutory list of factors in every custody case, giving the heaviest weight to anything that affects the child’s safety.² Writing your petition with these factors in mind helps a judge see quickly why a change is warranted:

Which parent is more likely to keep the child safe, including any history of abuse or protection-from-abuse orders.
Which parent is more likely to encourage the child’s relationship with the other parent.
Each parent’s willingness and ability to handle the child’s daily physical, emotional, educational, and developmental needs.
The child’s need for continuity in school, family life, and community, unless a change is needed for safety.
The child’s bond with siblings, extended family, and other important people.
A well-reasoned preference from a child mature enough to express one.
How close the parents live to each other.
Each parent’s work schedule and ability to arrange appropriate childcare.
Any history of drug or alcohol abuse by a parent or someone in the parent’s household.
The mental and physical health of each parent or household member.

The statute also lets the court weigh “any other relevant factor,” so nothing that genuinely affects the child is off-limits.² The more directly your facts map onto the statutory list, the stronger your petition reads.

Be Specific About What You Are Asking For

Pennsylvania recognizes seven forms of custody, and a modification can shift the arrangement between any of them:³

Shared physical custody, where the child lives with both parents for significant periods.
Primary physical custody, where the child lives mainly with one parent while the other has partial custody.
Partial physical custody, the right to take the child for less than a majority of the time.
Sole physical custody, where only one parent has the right to have the child live with them.
Supervised physical custody, where a parent’s time is monitored by a third party or agency.
Shared legal custody, where both parents make major decisions about education, medical care, and religion.
Sole legal custody, where one parent makes those decisions alone.

State clearly in the petition which arrangement you have now and which one you want. If you currently have partial physical custody and are seeking primary, say so. If you want legal custody changed from shared to sole because the other parent refuses to cooperate on medical decisions, explain the facts. Vague requests slow the process down.

Documents You Need to File

Before filing, gather the full legal names and current addresses of both parents and each child, the children’s dates of birth, and the docket number and date of the existing custody order.⁴ Attach a copy of the current order to your filing. If you no longer have one, request it from the Prothonotary’s Office (called the Department of Court Records in Allegheny County) in the county that issued it.

The core document is the Petition for Modification of a Custody Order. Most counties also require a cover sheet and an Entry of Appearance form if you are representing yourself.⁴ Forms are available on the Pennsylvania Courts website or from your county’s Prothonotary or Domestic Relations office. In the petition itself, explain plainly what has changed and why the current order no longer serves the child. “My child’s school performance has dropped because the current schedule leaves them exhausted on school nights” is far more useful than “circumstances have changed.”

Criminal Record and Abuse History Verification

Every custody filing in Pennsylvania must include a signed Criminal Record/Abuse History Verification form. It is not optional. You complete one for yourself and one for every adult living in your household, and file them with the Prothonotary at the same time you file the petition.⁵ You must also serve a copy on the other parent along with a blank form for them to complete.

The form asks about convictions, guilty pleas, no-contest pleas, and pending charges for a long list of offenses ranging from assault and DUI to child endangerment and sexual offenses.⁶ A conviction on the list does not automatically disqualify a parent from custody. The court evaluates whether the person poses a current threat to the child and may order a psychological evaluation or counseling before awarding custody. If your situation changes during the case, file an updated form within five days or at least one day before your next court appearance, whichever comes first.⁵

Where to File

You generally file in the child’s “home county,” meaning the county where the child has lived for the six months leading up to your filing.⁷ If the child recently moved but a parent still lives in the previous county, that county may also qualify. Where no county meets the home-county test, the court looks for the county where the child and at least one parent have a “significant connection” and where substantial evidence about the child’s life is available.

This matters most when parents live in different counties. If you file in the wrong county, the other parent can challenge venue and force a transfer, adding weeks or months to the process. When in doubt, file where the child currently lives and attends school.

Filing Fees and Waivers

You pay a filing fee to the Prothonotary when you submit your petition, and the amount varies by county. Westmoreland County, for reference, charges $174.50 for a custody motion or petition.⁸ Call your county’s Prothonotary’s Office ahead of time or check its website for the exact figure.

If you cannot afford the fee, file a Petition to Proceed In Forma Pauperis at the same office. The form asks for your income and expenses. A judge reviews the information and may approve the waiver on paper or schedule a brief hearing to confirm your financial situation.

Serving the Other Parent

After filing, you must formally deliver the documents to the other parent. Pennsylvania’s domestic relations rules allow several methods:⁹

Personal service by a sheriff or any competent adult not involved in the case, who hands the documents directly to the other parent. Service can also be made at their home by giving the papers to an adult family member, or at their workplace by giving them to someone in charge.
Mail, sent by both regular first-class mail and certified mail to the other parent’s last known address.
A commercial carrier such as FedEx or UPS in place of certified mail, as long as you also send copies by regular first-class mail.

Along with the petition and the court order scheduling a conference, include a copy of your filed Criminal Record/Abuse History Verification form and a blank form for the other parent.⁵ After service is complete, file proof of service with the court. The case stalls without it.

What Happens After You File

Pennsylvania rules set firm deadlines. The court must schedule your first in-person contact within 45 days of your filing.¹⁰ The format depends on local rules: some counties use conference officers, others use mediators, and some schedule an early meeting with a judge.

The Conciliation Conference

At a conciliation conference, a court-appointed conference officer or mediator meets with both parents to discuss the issues and explore a compromise. No witnesses attend. This is a negotiation session, not a mini-trial. The other parent may file a written response before the conference, though many wait to see whether settlement is possible.

If both parents reach an agreement, the conference officer drafts a consent order for a judge to sign, and that becomes the new binding custody order. If not, the conference officer issues a recommendation to the court, which typically becomes a temporary order while the case moves toward trial.

If the Case Goes to Trial

If conciliation does not resolve the case, the court either automatically schedules a trial or requires a party to request one within 180 days of the original filing. If nobody acts and the court does not schedule a trial on its own, the case can be dismissed.¹⁰ Once a trial is scheduled, it must begin within 90 days, and if it takes more than one session, wrap up within 45 days of its start.

At trial, the parent who filed goes first. Both parents testify under oath, present evidence such as school records, medical records, police reports, or a proposed custody schedule, and can cross-examine the other side’s witnesses. Most custody trials last a single day; complex cases can stretch across multiple sessions.

If the Change Involves a Move Out of the Area

Relocation follows its own rules on top of the standard modification process. No relocation can happen unless every person with custody rights consents or the court approves it.¹¹

The relocating parent must send written notice by certified mail, return receipt requested, at least 60 days before the planned move. If you learn about the need to relocate too late for 60 days’ notice and cannot delay the move, you must send notice within 10 days of learning about it.¹¹ The notice must include the new address, the names and ages of everyone who will live in the new home, the new school district, the reasons for the move, and a proposed revised custody schedule. It must also include a counter-affidavit the other parent can use to object and a warning that failing to object within 30 days forecloses the right to contest the move.

If the other parent objects within 30 days, the court holds a hearing and applies a separate set of relocation factors on top of the best-interest analysis. Moving without notice or court approval can be treated as a factor against you.

If a Child Is in Immediate Danger

The standard 45-day timeline is too slow when a child faces an urgent safety threat. Pennsylvania courts allow emergency custody petitions in cases of abuse, neglect, or imminent danger, and a judge can enter a temporary order on an expedited basis, sometimes the same day.

You generally need an underlying custody case already on file, whether that is your original complaint, a modification petition, or a contempt petition. If you do not have one, file it at the same time as the emergency petition.¹² The emergency petition carries its own filing fee (in Philadelphia, $42.68), with a fee waiver available. The petition must lay out specific facts showing why immediate court intervention is necessary; vague fears are not enough.

If a Parent Is on Active Military Duty

If either parent is on active military duty, the federal Servicemembers Civil Relief Act allows the servicemember to request a stay of at least 90 days when military obligations prevent appearing in court. The request must include a statement explaining how duties prevent appearance and a letter from the commanding officer confirming that leave is unavailable. Additional stays are possible but at the court’s discretion. If you are the non-military parent filing a modification, expect delays if the other parent invokes the SCRA. If you are the servicemember, file the stay request promptly rather than ignoring the petition, or you risk a default order in your absence.

1
Pennsylvania General Assembly. Pennsylvania Code Title 23 – Modification of Existing Order
2
Pennsylvania General Assembly. Pennsylvania Code Title 23 – Factors to Consider When Awarding Custody
3
Pennsylvania General Assembly. Pennsylvania Code Title 23 Chapter 53 – Custody
4
Fifth Judicial District of Pennsylvania. How Do I Change My Custody Order
5
Pennsylvania Code and Bulletin. Pennsylvania Bulletin Rule 1915.3-2 – Criminal Record or Abuse History
6
Pennsylvania General Assembly. Pennsylvania Code Title 23 – Consideration of Criminal Conviction
7
Pennsylvania Code and Bulletin. Pennsylvania Code Rule 1915.2 – Venue
8
Westmoreland County, PA. Family Court Fees
9
Pennsylvania Code and Bulletin. Pennsylvania Code Rule 1930.4 – Service of Original Process in Domestic Relations Matters
10
Pennsylvania Code and Bulletin. Pennsylvania Code Rule 1915.4 – Prompt Disposition of Custody Cases
11
Pennsylvania General Assembly. Pennsylvania Code Title 23 – Relocation
12
First Judicial District of Pennsylvania. Domestic Relations Information Sheet and Criminal Record/Abuse History Verification