[pa] Ex Is Trying To Substantially Change Our Mediated Custody Agreement Before It Becomes A Court Order. What Are My Options?
Location: Allegheny County, Pennsylvania for both parties
I am currently involved in a custody dispute with my ex-husband. We were married for 12 years and separated this past May. We attended court-ordered mediation on September 24 and reached an agreement documented in a nonbinding Memorandum of Understanding (MOU).
The agreement established a gradual transition from supervised visitation to equal physical custody:
-Supervision ends November 22, 2026.
-Nine hours of unsupervised parenting time weekly beginning November 23.
-Eighteen hours weekly beginning February 1.
-One full day weekly beginning March 1.
-50/50 physical custody beginning May 1, 2027.
My ex’s attorney has now submitted a proposed custody order that substantially changes these terms.
Specifically:
-Supervision continues monthly through May 2027.
-Unsupervised visitation is delayed until December.
-The intermediate custody schedule is more restrictive.
-Instead of 50/50 custody in May, I would receive Friday afternoon through Sunday at 8 a.m. indefinitely, approximately 24% of weekly parenting time.
Additionally:
-My ex would have approval authority over additional people residing in my household.
-The proposed order would be entered as a final custody order.
I have an attorney and am meeting with them Friday. I have not signed the proposed order and do not intend to agree to these changes.
My questions:
Since the mediated MOU is explicitly nonbinding, does it carry any weight if one party subsequently refuses to incorporate the agreed terms into a consent order?
Can I request a hearing before a custody hearing officer rather than continue negotiating?
Is expedited interim relief available when the agreed transition away from supervision is less than three weeks away?
Does the court consider a party’s departure from a mediated agreement when determining custody?
Would refusing to sign this substantially modified consent order negatively affect my position in subsequent proceedings?
I’m not expecting the MOU to be automatically enforceable. I’m trying to understand the appropriate procedural next steps when one party attempts to replace a mediated agreement with substantially different terms immediately before an important custody transition.
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