Life changes. And when it does, your child custody order may need to change with it. If you’re a parent in Luzerne or Monroe County, Pennsylvania, and your existing custody arrangement no longer works, you may be eligible to file for a custody modification.
At Clause Law Group, we help parents throughout Northeast PA request, defend, or negotiate custody modifications that serve the child’s best interest while respecting both parents’ rights.
When Can You Modify a Custody Order in Pennsylvania?
Under 23 Pa.C.S. § 5338, you can petition to modify a custody order at any time—but you must show that a material change in circumstances has occurred since the last order.
Common reasons for modification:
- A parent moves or relocates
- A change in the child’s needs or schedule
- One parent becomes unavailable or unfit
- The child expresses a strong preference
- One parent is violating the current order
Tip: Always file a petition rather than rely on informal agreements. Courts enforce only formal custody orders.
How to File for Custody Modification in Luzerne or Monroe County
Step 1: Complete a Petition for Modification
You must file a formal Petition to Modify Custody in the same county that issued your current order, unless the child has since moved.
Step 2: File with the Prothonotary’s Office
Luzerne County Prothonotary
📍 200 N River Street, Wilkes-Barre, PA
📞 (570) 825-1745
Monroe County Prothonotary
📍 610 Monroe Street, Stroudsburg, PA
📞 (570) 517-3370
Step 3: Serve the Other Parent
Proper service is required, usually by certified mail or personal service.
Step 4: Attend a Custody Conference or Hearing
- Luzerne County typically starts with a custody conference officer
- Monroe County may schedule a conciliation or hearing directly with a judge or master
What Will the Judge Consider?
Pennsylvania courts always apply the best interests of the child standard, considering 16 factors under 23 Pa.C.S. § 5328, such as:
- Stability and continuity
- Parental duties performed
- Risk of harm or abuse
- Emotional and physical needs of the child
- Willingness to cooperate
The court may also consider the child’s preference, depending on their age and maturity.
Do You Need a Lawyer to Modify Custody?
While you can file on your own, custody modification cases often involve contested facts, emotional tension, and procedural complexity. Having a lawyer ensures your paperwork is done correctly, your argument is clear, and your rights are protected.
Clause Law Group regularly represents parents in:
- Contested and uncontested custody modifications
- Emergency changes to custody
- Relocation cases requiring judicial approval
Schedule a Confidential Consultation
If your current custody order no longer works, don’t wait. The sooner you act, the sooner you can protect your child’s best interests and secure a schedule that makes sense.
📞 Call (570) 676-5212
📍 Serving Luzerne, Monroe, and surrounding counties from our Newfoundland, PA office
📨 Speak with a custody modification attorney today
