Legal Question in Family Law in Pennsylvania

Modification of Custody Order

Facts: Approximately 9 months ago, the unmarried parents of a now 15 month old child negotiated a parenting plan during court ordered mediation sessions. The plan was then entered as a court order. The court order provides that any disputes related to the parenting plan be first addressed through mediation.

NCP parent now wants to change the parenting plan to provide additional visitation time for NCP. CP does not agree to the proposed changes. CP has requested that the parties mediate the issue pursuant to the provisions of the court order. NCP has refused mediation and has filed a petition with the court to modify the visitation schedule.

Questions:

1. How likely is it that the court would order the modification of a negotiated parenting plan that is less than a year old? From the CP's perspective, there has been no substantial change of circumstances with respect to either the child or the parents since the initial order was entered.

2. Is it possible for CP to request that NCP pay CP's legal fees incurred in connection with responding to the petition, as NCP has violated the terms of the court order by refusing mediation? If so, how likely is it that such fees would be granted?

Thanks very much.


Asked on 2/20/06, 6:20 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Modification of Custody Order

Based on the facts:

1) I doubt the court would grant the petition. More likely is the court will put the petition on hold until mediation has occurred and failed. clearly, the NCP could cause the mediation to fail. However, if it is clear that mediation failed due to a lack of a good faith effort on the part of the NCP then the court would likely rule against the NCP. They are asking the court to do equity and coming in with "unclean hands".

2) Its not only possible but its standard to request the petitioning party to pay your legal fees. Its part of the request for relief. That said its up to the court to decide to award them, but the court will not award them if you don't ask for them.

{John}

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Answered on 2/21/06, 10:58 am


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