Post-Divorce Issue Attorneys in Montgomery County

Pennsylvania Custody Modification & Relocation

A Pennsylvania court may modify a custody order when the requested change serves the child’s best interests under 23 Pa.C.S. § 5328(a). The court evaluates the family’s current circumstances rather than relying on a single factor.

Relocation has a specific meaning under Pennsylvania law. It’s a change in the child’s residence that significantly impairs another party’s custodial rights. A nonrelocating party may object to the proposed move or the related request to change custody, triggering a hearing.

Best-Interest Factors

The court considers the evidence related to each statutory factor and gives weighted consideration to factors affecting the child’s safety.

Relevant best-interest factors include:

• Safety and any history of abuse
• Stability and continuity in the child’s education, family life, and community
• Relationships with siblings and other significant family members
• The child’s well-reasoned preference, based on maturity and judgment
• The proximity of the parties’ residences
• Each party’s employment schedule and availability

No single factor automatically decides the outcome. The court weighs the complete record when determining whether modification serves the child’s best interests.

Contempt for Support & Custody Order Violations

A person who willfully fails to comply with a Pennsylvania support order may be held in contempt. Depending on the evidence and the court’s findings, penalties may include imprisonment for up to six months, a fine of up to $1,000, probation for up to one year, or a combination of those penalties. An order committing a person to jail must state the condition that will result in release.

Willful failure to comply with a custody order may also result in contempt. Available penalties may include imprisonment for a maximum of six months, a fine of up to $500, probation lasting no more than six months, or suspension or denial of an operating privilege.

Remedies for Unpaid Property Distribution & Support

When a party fails to comply with an equitable distribution order, the court has remedies beyond contempt. Depending on the order, evidence, and court findings, it may enter judgment, authorize the seizure or sale of property, award interest, require security for future payments, attach wages, or award counsel fees and costs. After a hearing, willful noncompliance may also result in civil contempt and county jail for a maximum of six months.

For unpaid alimony or APL, the court may enter judgment, authorize the seizure of goods, collect rents or profits from real estate, attach up to 50% of wages, award interest on unpaid installments, or require security for future payments. The remedy selected depends on the payment obligation and the findings made after the court reviews the evidence.

Preparing a Montgomery County Custody Modification

The Montgomery County Court of Common Pleas considers petitions to modify custody. A petitioner must explain how the requested change serves the child’s best interests and submit a notice addressing the custody factors under 23 Pa.C.S. § 5328.

Documents relevant to a modification or enforcement matter include:

• Existing custody, support, or alimony orders
• The marital settlement agreement
• Current income and other financial records
• Written communications related to the requested change or alleged noncompliance

Organizing these materials helps identify the controlling terms, the change in circumstances, and the evidence relevant to the requested relief.