QUESTION

I'd like to know if I can file for an ex parte for custody of my daughter even though I have a custody agreement

Asked on Jul 27th, 2017 on Child Custody - Pennsylvania
More details to this question:
My ex is moving and plans on changing schools on my daughter. The problem is he's moving in with a woman he just started dating and I feel it's not in the best interest of my daughter. The only reason I want an ex parte is so I can have her in a stable home before the school year starts which is only a few weeks away and I know a change of custody will take much longer than that.
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1 ANSWER

Collaborative Law Attorney serving Pittsburgh, PA at Law Offices of Susan J. Pearlstein
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i'm not sure i understand what you mean by ex-parte.  if there is a court-ordered custody agreement in place, then to change it, you have to file a petition with the court asking for the order to be changed (modified).  if there is only a private agreement in place, then you can tell your ex that you no longer agree to be bound by it.  that will probably result in  anger and chaos, so be prepared to go to court and respond to your ex's custody petition,  and maybe the police at your door, or you should file you own custody petition asking for a custody hearing to determine everyone's custody schedule.   you should talk to an experienced family law lawyer before you do anything that will have a negative impact on your rights and obligations.
Answered on Jul 31st, 2017 at 8:01 AM

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