I. Modifying a Custody Order

  1. You can initiate a custody modification action by yourself or through an attorney. You can request modification of a Custody Order whether you are the Plaintiff or Defendant in the current Order. If you were the Plaintiff or Defendant in the original Order, you are still the Plaintiff or Defendant for this modification petition or for any other matter concerning this custody case.
  2. Even if there is an agreement about modifying custody, you still need to file a Petition to Modify Custody, file the Petition at the Prothonotary’s Office, and follow the instructions in this packet for service. The Court will schedule a time for all parties involved to meet at the Courthouse to place the agreement on the record for an Order.
  3. If there is no custody agreement, then you must complete various documents that need to be filed at the Prothonotary’s Office. After the Court receives all of your properly filed documents, a custody conference will be scheduled by Court Order. You must then pick up the Court Order that schedules the custody conference from the Prothonotary, as well as your Petition for Modification, Entry of Appearance, completed Petitioner’s Criminal Record / Abuse History Verification and blank Defendant’s Criminal Record / Abuse History Verification, and properly serve or provide a copy of those documents to the other side. You must prove, by filling out and filing an appropriate document, that you served the other side. If necessary, a custody trial will be scheduled at the time of the custody conference.
  4. What is a Custody Presentation? In Adams County, the first time that you come to Court in a custody case will not be a trial, unless a Judge has signed an Order that says otherwise. Normally, the first time that you come to Court will be for a Custody Presentation.
  5. A Custody Presentation is held for the following reasons:
  6. To make the Judge familiar with your custody case.
  7. To have you and the other party meet with the Judge and tell the Judge what the case will be about if there is a trial.
  8. To find out whether it is possible for everyone in the case to agree to a custody schedule without having a trial.
  9. To have the Judge establish a custody schedule between the time of the presentation and the time of the custody trial if the parties are unable to resolve their differences by agreement.
  10. You will need to attend the custody presentation at the date, time, and place set forth in the Court Order. The Court will determine whether the parties can agree on an appropriate custody schedule. If no agreement is reached, the Court will order a temporary custody arrangement and set a date and time for a conciliation conference.
  11. What is a Custody Conciliation Conference?

General Information Page 7 of 9