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Free Pennsylvania Child Custody Form - PDF Form Download

Pennsylvania Child Custody Form Overall rating: ☆☆☆☆☆ 0 based on 0 reviews
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Petition For Modification Of Existing Custody Order is a form necessary to seek the amendment/s in the custody of child/ren due to various unforeseen reasons. The form offers comprehensive directives about the process and the procedure for seeking such modification.


Submit the duly completed petition before the honorable Judge, Court of Common Pleas of Beaver County, Pennsylvania in the prescribed format along with other forms of the packet. The custody petition serves as a tool to revoke or amend previously granted custody order in good faith to provide a legitimate support to child/ren, the subject of the petition.


How to file a petition for modifying an existing custody order in the State of Pennsylvania

  • Attach a copy of current custody order along with Petition For Modification Of Existing Custody Order
  • Serving an advance notice of 3 business days to concerned party/ies is necessary for acceptance of the Petition for Modification of Existing Custody Order before the honorable Judge, in the Court of Common Pleas of Beaver County, Pennsylvania.
  • Complete the petition with ink and attach all 7 forms of the packet duly filling them with reference to the plaintiff and the defendant in spite of who is filing the petition.
  • Submit a copy of every document with the Prothonotary.
  • Maintain dress code as required, turn off the cell phone when in the court.
  • You must be over 18 years of age for acquiring eligibility to file a petition unless otherwise accompanied by legal guardian or parent.

Notice Of Intention To Present

Begin by typing the names of the plaintiff and the defendant in the respective spaces followed by the serial number. Proceed by specifying the name and address of the other party in the space provided for the same. Mention the date of filing the petition before the honorable Judge in the next section. Continue by mentioning the date followed by the signature of the petitioner. Select the mode of serving advanced notice to other party/ies followed by the signature in conformity.

Civil Division

Begin by writing the names of the plaintiff and the defendant in the spaces provided for the same. Enter the serial number followed by entering your name in conformity to file the petition to Modify Custody Order. Proceed with entering your name again, then address and telephone number on the subsequent lines.

Petition For Modification Of Custody Order

The Petition For Modification Of Custody Order requires input of the names of the plaintiff and the defendant followed by the serial number. Enter your name, date, and the child/rens name in the spaces provided for the same. Mention the reason for the modification of the order. Be specific while entering the cause. Proceed with entering the address of the child/ren on the subsequent space. Sign in the space provided and circle the right option in conformity of the age.

Verification

Begin by entering your name in the space provided in the foremost line of Verification form. Sign on the Verification form in acceptance of the undertaking and write date on the following line.

Order Of Court

Enter the legal names of the plaintiff and defendant in the spaces provided for the same. Mention the serial number. Enter the name of the other party/ies on the first line of the Order of Court followed by entering the name/s of the child/ren. Leave the date, time, and name of the officer blank for assignment by the court. The last portion of the Order Of Court is reserved for the date and signature of the Judge.

Proof Of Service

Form Proof Of Service requires input of names of the plaintiff and defendant followed by the input of the serial number. Write your name, name of the document, and name of the party. Mention the date and time of the delivery, and select all the applicable modes of the delivery from the three options. Insert the date and sign on the space provided.

Pennsylvania Child Custody Form

Acceptance Of Service

Enter legal names of the plaintiff and defendant in the spaces provided in the form. Mention the serial number on the upper right hand portion. Mention the name of the document followed by entering the date of the receipt of the document. Sign in acceptance of the document. Write the mailing address in the space reserved for the same. Strike out or delete the second line of the undertaking, if the defendant personally accepts the document.

Text version of this Form

———————– Page 1———————–

PETITION FOR MODIFICATION

OF EXISTING CUSTODY ORDER

A copy of your current Custody Order MUST be attached to your Petition.

COMPLETE STEP-BY-STEP INSTRUCTIONS ARE ON PAGE 2.

***BEFORE YOU GO TO COURT, YOU MUST GIVE 3 BUSINESS DAYS’ NOTICE***

#1. The purpose is to let the other person know when you are going to go to Court. They have

a right to be there. Give or send them, or their lawyer, the “Notice of Intention to Present”

which informs the other party of the date you will be going to Court.

On the Notice of Intention to Present form, if you give the other party the papers on a

1. Monday or Friday, you would write the date for the following Thursday

2. Tuesday or Wednesday, you would write the date for the following Monday

3. Thursday, you would write the date for the following Tuesday

You do not need an appointment. The Judge will hear everyone who attends that day. If both

parties attend when you present the Complaint, you will get a quicker hearing date.

#2. If you are also filling for emergency or special relief, you MUST give the other party the

Modification papers AT THE SAME TIME.

#23. You must also give them COPIES of all the documents you are going to give the Judge,

except for Notice of Service & Acceptance of Service . Keep the originals to take to Court.

You MUST complete ALL of the forms in this packet, which include:

1. Notice of intention to Present – see above information for details.

2. Petition to Modify Custody Order cover sheet – this must include the case number

and the party names as they were on the original Custody Order (i.e. the plaintiff is

always the plaintiff and defendant is always the defendant, regardless of who is filling

out the Petition)

3. Petition

4. Verification

5. Order – ONLY complete the top section of this form, the Judge will complete the rest

6. Proof of Service and Acceptance of Service – do nothing with these papers until you

get to Step 7 or 8 of the instructions.

7. Notice to incarcerated parent – If the other parent is presently incarcerated, ask

library staff for this form and include it with the complaint.

Custody Motions Court is in Courtroom #5, Monday , Tuesday and Thursday,

excluding Court holidays, no later than 8:45 a.m. (No court on Wednesday & Friday.).

YOU MUST BE AT LEAST 18 YEARS OLD TO FILE ON YOUR OWN

If you are not 18 years old you must have your custodial parent(s) or Court Appointed Guardian file for you.

THERE IS A DRESS CODE IN THE COURTROOM.

TURN CELL PHONES COMPLETELY OFF IN THE COURTROOM.

———————– Page 2———————–

Court of Common Pleas of Beaver County

Child Custody Filing Procedures

Please note that the law librarian, staff of the Beaver County Law Library, staff of the Juvenile Services

Division, staff of the Court Administrator’s Office and the Judge’s Law Clerk are neither qualified nor

permitted to assist persons in t he preparation or filing of child custody documents or to provide legal

advice or assistance of any kind on child custody or any other legal matters.

LITIGANTS ARE STRONGLY ENCOURAGED TO CONSULT WITH AN ATTORNEY.

SUMMARY OF STEPS

Before you go to Court:

1. Complete the forms in INK, not pencil. Incomplete forms may be refused.

2. Photocopy all of the paperwork (except the Proof of Service and Acceptance of Service

forms) and send or give it to the other party along with the Notice of Intention to Present

THREE DAYS BEFORE you present the Petition to the Judge. The date you write on this

form is the day you plan to deliver the documents to Court. It must be at least 3 business

days away and must be a Monday, Tuesday, Wednesday or Thursday. If both parties attend

when you present the Petition, you will get a quicker hearing date.

In Court:

3. Take completed forms to Motions Court, Courtroom #5, Second Floor of the

Courthouse, no later than 8:45 a.m. any Monday, Tuesday and Thursday. Late

motions will not be heard. Go into the Courtroom, have a seat and wait your turn.

4. The Judge will sign the petition and assign a hearing date, if needed. You will then receive a

clocked copy of the Order and the original will be returned to you.

5. Get your paperwork from the Law Clerk.

After you leave Court:

st

6. FILE the papers in the Prothonotary’s Office (1 floor).

a. After you have presented your motion to the Judge you must file all of the original

documents that you gave to the Judge with the Prothonotary’s office.

7. SERVE the other party with the Order signed by the Judge. This means you give or mail the

other party copies of all the papers that you gave to the judge.

a. If you choose to hand deliver the documents, you must have the other Party sign an

Acceptance of Service form. You MUST FILE the Acceptance of Service in the

Prothonotary’s office after it is signed.

b. If you serve the other party by mail you must send the documents by both Regular

mail and Certified mail. Complete the Proof of Service form by making check

marks on the line before both regular and certified mail. Make a photocopy. File it

with the Prothonotary. After you receive the green card verifying certified mail,

staple the green card to the Proof of Service and file it again with the Prothonotary.

8. FILE either a Proof of Service or Acceptance of Service Form with the Prothonotary after

service has been done. MAKE AND KEEP A COPY FOR YOURSELF.

9. Bring a copy of the Proof of Service or Acceptance of Service that you filed in the

Prothonotary’s office to ALL later hearings, conferences and/or trials.

Note: When filling out the forms–parties must be identified as Plaintiff or Defendant as they are

listed on the original custody Complaint, regardless of who is filing the Petition. The person filing

the petition is the Petitioner ; the other party is the Respondent .

———————– Page 3———————–

IMPORTANT INFORMATION

NOTICE:

BEFORE you present your Custody petition, you MUST give THREE business days Notice to the

other party or parties. Giving Notice means that you send or give the other party the Notice of

Intention to Present and copies of the documents you will be presenting to the judge. If the other

party has a lawyer, you give the notice to the lawyer instead of the party. If both parties show up

you will be assigned a quicker date.

If you are also filling for emergency or special relief, you MUST give the other party advance

notice BEFORE you go to Court.

Petition for Emergency Custody – Minimum 24 hours written notice BEFORE you give

your papers to the Judge. Only in extreme situations will the Judge accept oral notice.

Petitions for Special Relief – at least 3 business days written notice BEFORE you give your

papers to the Judge

If there is a PFA, you may send the legal paperwork but do NOT include any other letters, notes,

etc. If it is a true emergency, you may have a family member or friend call or hand deliver copies

of the notice. Only in extreme emergencies will the Judge accept oral notice.

When filling out the forms- -parties must be identified as Plaintiff or Defendant as they are listed on

the original custody Complaint, regardless of who is filing the Petition. The person filing the

petition is the Petitioner ; the other party is the Respondent .

**** Always keep a copy of the Proof of Service documents for your records and ALWAYS

bring the Proof of Service forms to all Conciliation Conferences, Pre-Trial Conferences

and/or Hearings/Trials in Court.

If you do not know where the other party lives, you must read PA Rules of Court # 430 & #1930.4

and Beaver County Local Rule # 430 and follow the required procedures. These are complicated

procedures and it is in your best interest to make every effort to find the other party and deliver the

paperwork wither in person or by mail.

———————– Page 4———————–

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY

PENNSYLVANIA

, :

Plaintiff, :

:

vs. : No. ______________________

:

:

, :

Defendant. :

NOTICE OF INTENTION TO PRESENT

TO:

(name & address of the other party)

Please take notice that I intend to present the attached Motion/ Petitions on

(date)_______________________ at 8:45 a.m, Courtroom No. 5, Beaver County Courthouse,

Beaver, PA. If you wish to oppose the requested relief or action, you should appear at that time and

present your objections to the court.

Date

Petitioner

CERTIFICATION OF SERVICE

I hereby certify that I have caused to be served a true and correct copy of the attached on the above

named defendant at least 3 business days prior to the date of presenting the Motion by way of

(check all that apply):

regular mail

certified mail

hand delivery

Petitioner

———————– Page 5———————–

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY

P E N N S Y L V A N I A

CIVIL DIVISION

:

_______________________________ : No. ________________________

Plaintiff, : Civil Action – Law

:

: Type of Pleading:

vs. : Petition to Modify Custody

: Order

:

:

_______________________________ : Filed on behalf of:

Defendant. :

________________________________

(Your Name)

Filing Party’s Information:(Your Name)

Name:___________________________

Address: ________________________

________________________________

________________________________

Telephone #: _____________________

———————– Page 6———————–

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY

PENNSYLVANIA

, :

Plaintiff, :

:

vs. : No. ______________________

:

:

, :

Defendant. :

PETITION FOR MODIFICATION OF CUSTODY ORDER

1. The petition of _________________________________(your name) respectfully represents that

on (date) ___________________________ an Order of Court was entered regarding custody of

(child/ren’s name/s) _____________________. A true and correct copy of the current custody

copy is attached to this Petition.

2. This order should be modified because: ______________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

3. The child/children has resided at __________________________________________________

ADDRESS (give full address)

for the past 6 months.

WHEREFORE, Petitioner requests that the Court modify the existing Order for visitation because it

will be in the best interest of the child(ren).

____________________________

Petitioner’s signature

I AM OVER THE AGE OF 18. Yes / No (CIRCLE ONE)

———————– Page 7———————–

VERIFICATION

I, __________________________, verify that the statements made in this Petition for Modification

of Custody are true and correct. I understand that false statements herein are made subject to the

penalties of 18 Pa. Cons. Stat. Ann § 4904, relating to unsworn falsification to authorities which

provides that if I knowingly make false averments, I may be subject to criminal penalties.

_______________________________

Petitioner

Date: ___________________________

———————– Page 8———————–

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY

P E N N S Y L V A N I A

CIVIL ACTION-LAW

__________________________

Plaintiff :

vs. : No. _________________________

__________________________

Defendant :

ORDER OF COURT

You,_________________________________,have been sued in Court to

obtain custody or visitation of the child(ren)

(give names)_____________________________________________________

_________________________________________________________________.

You are ordered to appear in person before the Child Custody

Conference Officer, Juvenile Services Division at the Courthouse,

first floor, in Beaver, Pennsylvania, 15009 on

__________________________ (date) at (time) for a

Conference before conference officer

__________________________________.(The Court will assign the date, time, and officer.)

All children age 10 and over must be present for this Conference.

If you fail to appear as provided by this Order or to bring the

children, an order for custody, partial custody or visitation may

be entered against you or the court may issue a warrant for your

arrest.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.

IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,

GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO

FIND OUT WHERE YOU CAN GET LEGAL HELP.

Lawyer Referral Service

775 Fourth Street

Beaver, PA l5009

(724) 728-4888

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of Beaver County is required by law to

comply with the Americans with Disabilities Act of l990. For

information about accessible facilities and reasonable

accommodations available to disabled individuals having business

before the Court, please contact our office. All arrangements

must be made at least 72 hours prior to any hearing or business

before the Court. You must attend the scheduled conference or

hearing.

BY THE COURT

_____________ _____

Date Judge

———————– Page 9———————–

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY

PENNSYLVANIA

, :

Plaintiff, :

:

vs. : No. ______________________

:

:

, :

Defendant. :

PROOF OF SERVICE

I ________________________________(your name ), hereby certify that I delivered a copy of the

(name of document) ________________________________________________to

___________________________________(name of party) on _______________________(date),

at _________ o’clock p.m./a.m. Delivery was made by (check all that apply):

______ regular mail

______ certified mail

______ hand delivery

______________ ___________________________________________________

DATE PETITIONER

———————– Page 10———————–

IN THE COURT OF COMMON PLEAS OF BEAVER COUNTY

PENNSYLVANIA

, :

Plaintiff, :

:

vs. : No. ______________________

:

:

, :

Defendant. :

ACCEPTANCE OF SERVICE

I accept service of the ________________________________ (name of document). I certify that I

am authorized to accept service on behalf of defendant.

____________________ __________________________________________________

DATE DEFENDANT OR AUTHORIZED AGENT

__________________________________________________

_________________________________________________

_________________________________________________

MAILING ADDRESS

Note: If defendant accepts service personally, the second sentence should be deleted.

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