CHILD CUSTODY
Any child custody case is emotionally exhausting, costly, and time-consuming. Quality representation from child custody lawyers can offset that overwhelming feeling and help you work toward a beneficial solution for you and your children.
Meanwhile, it’s helpful to understand how custody works.
There are two types of child custody: legal and physical.
Legal refers to the major decisions made on behalf of children, such as educational, religious, medical, and others. Physical is where the child or children actually live. In both cases, courts prefer that both parents are involved and do not automatically favor one parent over another.
TYPES OF PHYSICAL CUSTODY
When shared or joint physical custody is not possible, there are three other types:
PRIMARY CUSTODY
Children spend the majority of their time with one parent or custodian
PARTIAL CUSTODY
Children spend less than half the time with a parent or custodian and that time is unsupervised unless specifically ordered as supervised
SUPERVISED VISITATION
Children visited under supervision of an agency or another person
If an amicable agreement cannot be reached between the parents or custodians, a judge will decide what is best for the children, based on 16 factors:
Children cannot decide where they would like to live.
And to move with them, the parent or custodian must either get consent from the other parent or custodian or a court order.
If one parent violates the terms of the custodial agreement, a petition for civil contempt can be brought before the Family Court Judge, who will set a hearing to determine whether the violation was willful. (You won’t get help from the police, as this is a civil case, unless there has been a violation of kidnapping-related laws.) If there was a willful violation, the Judge can change the terms of the custody order and sanction the party in contempt.
If grandparents are willing to assume parental responsibilities, they can seek custody when the children are:
Grandparents can seek partial custody or visitation where:
HOW WE CAN HELP
Due to limited resources, we cannot handle every child custody matter. Those we deem an emergency will be accepted, along with those involving abuse or if a custody schedule is needed after a Juvenile Court case ends. Our child custody lawyers and paralegals will attempt to negotiate and reach a child custody consent order, and in other cases, can offer advice on child custody. In Washington County only, we handle the Child Custody Limited Representation program, including negotiations before the Conference Officer for those who financially qualify, live in the county and have not had a child custody order within the last two years.
THE COUNTY COURT PROCESS
Emergency motions for temporary orders or for contempt must be brought before the assigned Judge in each county. Filing fees will be required in each county, unless the court grants a waiver. The court generally grants a waiver to those financially eligible for legal aid. Each county has rules for submission of forms and/or participation in child custody education.
FAYETTE COUNTY
Custody complaints are filed with the Prothonotary at the courthouse, with a copy to the Court Administrator for assignment of child custody mediation in the courthouse. If no agreement is reached, the mediator may refer the case to the Family Court Judge for a hearing. For local rules, go to www.co.fayette.pa.us
GREENE COUNTY
Custody complaints are filed with the Prothonotary at the courthouse, which will obtain a conciliation court date, from the Court Administrator, with a Child Custody Hearing Officer. If no agreement is reached, a hearing will be scheduled. If neither side requests a trial or argument before the Judge, that order will become final. For local rules, go to www.co.greene.pa.us.
SOMERSET COUNTY
Custody complaints are filed with the Prothonotary with a request to schedule a conference or hearing. For local rules, go to www.co.somerset.pa.us.
WASHINGTON COUNTY
Custody complaints are initiated at the child custody office in the basement of the courthouse and will be assigned to a Child Custody Conference Officer for a one hour settlement meeting. If no agreement is reached, a half-day hearing will be scheduled, after which the Conference Officer will issue a recommended temporary order. If neither side then requests a trial before the Judge, that order will become final. For local rules, go to www.washingtoncourts.us.
WESTMORELAND COUNTY
All original papers are filed at the Westmoreland County Prothonotary Office, located on the 5th floor of the Courthouse Annex. Before filing in the Prothonotary's office both parties need to go to the Custody Office for a hearing date. Hours are Monday through Friday from 8:30 am to 4:00 pm.
The Custody Office is located on the fourth floor of the Courthouse Annex.
For custody forms and information, visit www.westmorelandcountypa.gov/2181/Custody-Forms
ARMSTRONG COUNTY
Custody documents, including complaints and other petitions, are filed with the Armstrong County Prothonotary. Many custody filings, including complaints, must be filed in person and may require payment of a filing fee. You also will be responsible for providing one additional copy of the legal document that you are filing to the Prothonotary. If you do not bring an extra copy with you, you will be responsible for copy fees charged by the Prothonotary.
The address of the Prothonotary’s office, procedures for filing, and a fee schedule for particular custody documents can be found here on the Prothonotary’s website. The Prothonotary’s office is open for business between 8:00 a.m. and 4:30 p.m., Monday through Friday. It is located on the first floor of the Armstrong County Courthouse, 500 E. Market Street, Kittanning, Pennsylvania 16201.
Additional information can be found at www.accourts.com/index.php/custodyforms-and-information-m
CAMBRIA COUNTY
Custody, Divorce and Visitation Complaints are to be filed in the Prothonatary Office, which is located at 200 Center Street, Ebensburg, PA 15931
For information about local rules and resource links, visit www.cambriacountypa.gov/prothonotary-office/#380-377-common-public-forms
CLARION COUNTY
When you file an original custody complaint please bring no fewer than three copies with you. You will need to serve two copies on the defendant and you will want to keep at least one copy for yourself. The original will be filed in the Prothonotary's Office, which is located on the first floor, suite 25 of the Clarion County Courthouse at 421 Main Street, Clarion, PA 16214.
For more information about the custody process in Clarion County, visit www.co.clarion.pa.us/government/courts/court_of_common_pleas/custody.php
INDIANA COUNTY
There is a 3-step process for child custody in Indiana County. For more information and court documents, visit www.indianacountypa.gov/departments/court-of-common-pleas/forms-and-documents/
JEFFERSON COUNTY
All actions for child custody begin with filing a Custody Complaint or Petition with the prothonotary at the Jefferson County Courthouse at 200 Main Street, Brookville, PA 15825.
The child custody law is found at 23 Pa.C.S. Chapter 53. For more online information, go to www.palawhelp.org.
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