How to Modify a Custody Order in Pennsylvania

The standard

Section 5338(a) of the custody law is short: upon petition, a court may modify a custody order to serve the best interest of the child. Except as provided in the Uniform Deployed Parents Custody and Visitation Act (51 Pa.C.S. Ch. 46), the section applies to custody orders entered in Pennsylvania or another state, subject to the jurisdiction rules of the Uniform Child Custody Jurisdiction and Enforcement Act in Chapter 54 (§ 5338(b)).

The best interest factors in 23 Pa.C.S. § 5328(a) apply in ordering any form of custody, and the court must send the parties a copy of § 5328 within 30 days of receiving a modification petition (§ 5328(d)). See the custody factors guide for the full list.

What you file

1. The petition. A petition for modification is substantially in the form of Rule 1915.15(b). The statewide Form 4, Petition for Modification of a Custody Order (updated July 1, 2025) follows that form.
2. A copy of the current order, which the petition says is attached.
3. A Criminal Record/Abuse History Verification (Form 3 (updated July 1, 2025)), filed when you file and served with the petition along with a blank form for the other party (Rule 1915.3-2(a)(2)).
4. The Order of Court at the front directing the other party to appear (Rules 1915.3(b) and 1915.15(c)), posted as Form 5 (updated July 1, 2025).

The petition itself is short. You give both parties’ names and addresses, the date of the existing order and the type of custody it grants, and, in paragraph 4, why the order should be modified. You end with a request that the court modify the order because it will be in the child’s best interest, and you sign the verification subject to the penalties of 18 Pa.C.S. § 4904.

What happens next

The custody rules treat a modification proceeding as an action (Rule 1915.1(b)), so the same process applies. The petition is served on the other party, the first in-person contact with the court must be scheduled within 45 days of filing (Rule 1915.4(a)), and that first contact is a conference, conciliation, mediation, or class, depending on the county. A party can request a pre-trial conference in an initial custody or modification proceeding (Rule 1915.4-4(a)).

When both parents agree

If the parents agree on new terms and want a court order, Rule 1915.7 allows two routes:

• Submit to the court a proposed custody order bearing both parties’ written consent; or
• State the agreement on the record, and then, within ten days, submit the written consent order, or the court puts the oral agreement into a written custody order.

A custody order must be entered as a separate written order or as a separate section of a written opinion, and it must state terms specific enough to enforce (Rule 1915.10(b)).

Related requests

• Criminal charges. A party who learns of a charge against the other party for an offense listed in 23 Pa.C.S. § 5329(a) may move for a temporary custody order or a modification, and the court must hold that hearing in an expeditious manner (§ 5330(a)).
• Supervised custody. If supervised contact is ordered because of abuse or risk of harm, a party may petition for a review of the risk and the need for continued supervision (§ 5323(e)(2)).
• Moving. A proposed relocation follows its own notice and objection process under 23 Pa.C.S. § 5337. See the relocation guide.
• Child support. Changing support is a separate petition in the domestic relations section, based on a material and substantial change in circumstances (Rule 1910.19(a)).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• 23 Pa.C.S. § 5338, modification of existing order
• 23 Pa.C.S. § 5328, custody factors
• 23 Pa.C.S. § 5330, consideration of criminal charge
• 23 Pa.C.S. § 5323, award of custody and safety conditions
• Pa.R.Civ.P. 1915.3-2, criminal record or abuse history
• Pa.R.Civ.P. 1915.4-4, pre-trial procedures
• Pa.R.Civ.P. 1915.7, consent order
• Pa.R.Civ.P. 1915.10, decision and order
• Pa.R.Civ.P. 1915.15(b), petition for modification
• Form 4, Petition for Modification of a Custody Order
• Unified Judicial System, custody proceedings forms