Q: What can I do to expedite a child custody modification for Christmas school break?

A: This is a very noteworthy question which reveals a major flaw in Pennsylvania custody justice. Apparently, this asker endured a previous custody court proceeding that ended in an order that fixed child access at that point in time when the child was an infant: possibly day visits or infrequent overnights. The order failed to include custody provisions for when the child is older and goes to school and church, and participates in extracurricular activities, travels to foreign countries and to different states in the United States. How to fix the order quickly once a contempt petition is filed by the opposing parent?

Many supporters of Pennsylvania's legal apparatus will argue that Pennsylvania judges undergo special training to handle these most sensitive of cases that involve children. This writer argues this is completely incorrect. This question reveals the absence of any judicial training to sit on a custody court, and if this is so in custody court, what preparation does a judge get to sit on any court? Probably none.

Unfortunately, Pennsylvania's legal apparatus does not act quickly as it does not act accurately. If the order is deficient and the opposing parent used that deficiency to trigger a contempt proceeding (which no Pennsylvania judge will allow to go unresolved), the judge will focus on the contempt proceeding rather than on the custody modification proceeding. The judge can dismiss the custody modification proceeding and modify custody against the contempting parent.

Perhaps the best course of action for parents with deficient orders is to plan ahead years in advance and petition for modification before the child reaches milestones that the order fails to address. Pennsylvania encourages endless custody litigation at a huge cost, and only the voters of the state can change that.

We here cannot offer legal advice as to how to speed up a custody proceeding as that discretion lies with the judge. We do strongly suggest retaining legal counsel in case orders must be appealed to the Superior Court and higher.