Legislature proposes bill to curb frivolous custody modification filings in family courts

The Pennsylvania House Judiciary Committee meeting on June 2, 2025, focused on addressing the growing issue of frivolous custody modification filings in the state's courts. Representatives discussed the burden these repeated self-represented filings place on the judicial system, highlighting concerns over disputes that often revolve around trivial matters such as homework and vacation plans.

The committee noted that the rise in self-representation has led to an increase in unnecessary court filings, which judges find challenging to manage. To alleviate this issue, the committee is considering a bill that would require individuals seeking custody modifications to demonstrate a material change in circumstances. This change aims to streamline the process and reduce the number of frivolous cases clogging the courts.

Counsel for the committee explained that while the bill mandates proof of a significant change for modification requests, judges will still have the discretion to consider petitions if they believe it serves the best interest and safety of the child involved. If a petitioner fails to show a material change, their request may be dismissed. Additionally, custody orders established before the bill's effective date will still be modifiable without needing to prove a change.

The proposed legislation is set to take effect in 60 days and currently has no amendments. This initiative reflects the committee's commitment to improving the efficiency of the court system while ensuring that the welfare of children remains a priority.