Pennsylvania
How do I change a custody order in Pennsylvania?
Quick answer
Under 23 Pa.C.S. § 5338(a), upon petition a Pennsylvania court may modify a custody order to serve the best interest of the child. The request is made on a verified Petition for Modification of a Custody Order in the form of Pa.R.Civ.P. 1915.15(b), with the current order and a Criminal Record/Abuse History Verification form attached.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What goes in the petition
The petition gives the date of the existing order and the type of custody it grants, and, in paragraph 4, why the order should be modified. An Order of Court directing the other party to appear is attached at the front (Rules 1915.3(b) and 1915.15(c)).
The court applies the best interest factors in 23 Pa.C.S. § 5328(a), giving substantial weighted consideration to the factors that affect the child’s safety, and must send the parties a copy of § 5328 within 30 days of receiving the petition (§ 5328(d)).
If both parents agree
Parents who agree can submit a proposed custody order bearing both parties’ written consent, or state the agreement on the record and have it reduced to a written order (Rule 1915.7).
Related requests
A proposed move that would significantly impair the other parent’s custodial rights follows the relocation process in 23 Pa.C.S. § 5337. A party who learns of certain criminal charges against the other party can ask for a temporary order or modification, and the court must hear it expeditiously (§ 5330).
Tools and resources
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.