QUESTION
Can a petition to modify custody in PA include a child with no prior custody agreement?
Asked on May 01st, 2016 on Child Custody - Pennsylvania
More details to this question:
I have a 17 year old son with the other party.. there was a custody agreement made in 2008.. Since then we had another child born in 2015. The plaintiff filed a petition to modify the 2008 agreement. Can the court include the child born in 2015 in the petition? Would a new custody case need to be Filed for the child born in 2015?
1 ANSWER
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You raise a good question. I would argue that the Petitioner should file a new custody complaint in this situation. HOWEVER, the Court may allow that petition to modify to continue with the understanding that the visitation for the newly born child may need to be different than what is done for the older child. It wouldn't surprise me if the Court allowed this to go forward based on the desire to conserve judicial resources.
Answered on May 10th, 2016 at 10:01 AM