When a couple is separating, some of the most difficult issues to resolve are often those relating to the custody arrangements for their child or children. Who will care for any children day-to-day, who gets to make important decisions about their care and upbringing, where they should live, and when the other parent will be able to see them – these are all questions that need to be resolved before a court will issue a custody order. Because these can be such thorny issues to resolve, Pennsylvania has some special procedures for child custody matters that arise in Venango County, as well as in every other county in the Commonwealth.
The LLF Law Firm Family Law Team can help in these kinds of situations. Our experienced family law attorneys understand how important and difficult it can be for you to resolve child custody issues in the course of your separation and divorce. We are here to help you through the process and to protect the welfare of your child or children. If you and your ex are not able to agree on custody terms, we will fight for your rights and for what is in the best interests of your child or children. To learn more about how the LLF Law Firm Family Law Team can help you with your Venango County child custody matter, call us at 888.535.3686 or use our contact form to set up a confidential consultation with us.
Where Are Child Custody Cases Heard in Venango County?
Family law matters, which include child custody cases, are heard at the Venango County Courthouse at 1168 Liberty Street in Franklin before a judge of the Court of Common Pleas. All documents for family law and custody cases are filed with the Prothonotary's office on the first floor of the same building.
Where child custody matters are concerned, however, you may never appear before the judge. That's because Pennsylvania and Venango County work very hard to get the two parents to agree on custody terms that will be accepted and signed off on by the judge without the need for a hearing.
For example, both parents will be required to attend an informational custody seminar called “Venango County Co-Parenting Cooperative” and file their certificate of attendance with the Court. After that, the parents will meet with a court-appointed “conciliator,” who will meet with both parents and their attorneys and who is required to use “best efforts to reach a settlement based on the best interests and welfare of the children.” In some cases, any outstanding custody issues will be resolved at this stage. In other cases, only some issues – or possibly no issues – will be resolved.
When that happens, and there are “leftover” issues that haven't been resolved, the parties will meet with a court-appointed mediator who will attempt to resolve all of the outstanding issues. Only if the mediation is unsuccessful will the parties have the opportunity to appear before a judge of the Court of Common Pleas for what is called a “custody pre-trial conference.” The conference won't resolve the outstanding issues but will set forth what the custody hearing will cover, how long it will last, the witnesses who may testify – including potential experts – and exhibits that will be introduced, and whether the court should issue an interim custody order.
No custody agreement is final until it has been reviewed by the judge and issued as an order of the court.
What Are the Different Types of Child Custody?
There are two types of child custody in Pennsylvania: Physical Custody and Legal Custody. Custody orders address both types.
- Physical custody addresses who will be responsible for the daily care of the child or children. Making sure the kids get to sleep on time, are up in the morning, fed, clothed, and ready for the school bus, and make it to and from their after-school activities, doctor appointments, ball games, dance lessons, and everything else that children do – that's what physical custody involves. Physical custody can be shared, with one parent having physical custody for a set period of time and the other parent having physical custody during another time. Sometimes, however, only one parent will have physical custody, and the other will have visitation rights.
- Legal custody relates to the right of the person to make important decisions about the upbringing of the child or children. What religion they will practice, decisions relating to their medical or mental health care, and where they will attend school are the topics that legal custody covers. It's not unusual for parents to share legal custody and rely on the court to help them resolve any legal custody issues that they can't resolve themselves. And it's also possible for one parent to have physical custody and the other to have legal custody.
What Are the Requirements to Be Able to Seek Custody of a Child in Venango County?
Courts must have “jurisdiction” over a child for the court to be able to issue a custody order that affects that child's care and upbringing. This makes sense – you would not expect a judge in Venango County to issue a custody order for a child who has grown up and is living in Philadelphia. In most cases, unless the child is a newborn or in situations where there has been abuse in the family, the child must have been living in Venango County for at least six months before the court will have jurisdiction to issue a custody order for that child.
A parent can apply for a custody order. In some cases, grandparents, long-term caregivers, or – in very extreme cases where there is no relative who can care for the child – a responsible adult who is willing to take on the responsibilities of a parent and who can show their long-term interest in the child's welfare.
What Is the Procedure Used to Resolve Child Custody Cases in Venango County?
In most cases, child custody cases begin when a parent files a “Complaint for Custody” with the Venango County Prothonotary's office. The complaint must be served on the other parent. Then, both parents must attend the Venango County Co-Parent Cooperative seminar described above.
After this, the parents meet with the court-appointed conciliator to attempt to resolve custody issues without a hearing. If they don't resolve all issues with the conciliator, they will then meet with a mediator who will attempt to help them come to an agreement. Only if that is not successful will there be a hearing on any outstanding custody issues.
The most important thing to remember when you're involved in a child custody matter is the standard that the court will use to evaluate your custody agreement. The focus is always first on what is in the best interests of the child or children – not on what's convenient for the parents or what works best with their schedules or career plans. So even if you and your ex agree on child custody terms, if those terms are not in the best interests of your child or children, the court will not approve them.
Working with an experienced attorney from the LLF Law Firm Family Law Team can help you avoid these kinds of problems. We will work to make sure that any proposed custody terms are ones that are most likely to meet the court's high standards – in other words, that they are in the best interests of your child or children. Proposing custody terms that will be rejected by the court will just send you back to the negotiating table; that's why we keep in mind the standards that the judge will use to evaluate agreed custody terms when we help negotiate them.
In some cases, the procedure we've described above won't be followed. When a child is in imminent danger – when their health, safety, or welfare is immediately threatened – a parent can apply a “Petition for Emergency Relief” seeking immediate custody, and the petition will typically be heard within a day or so of when it's filed. Any custody ruling that follows such a petition will be temporary; your ex will have a chance to ask the judge to revise it at a hearing later on.
When there is the potential for danger to the child or children, but the situation doesn't place them in imminent danger, you may be able to file a “Petition for Expedited Relief” that will be heard and decided relatively quickly – more quickly than the usual child custody process based on a Complaint for Custody.
The LLF Law Firm Family Law Team is ready to help you with your child custody situation, no matter how urgent it is. Our goal is to give you the peace of mind that the best interests of your child or children are being cared for and that you have some certainty about what the custody terms will be.
What if I Disagree With the Terms of a Child Custody Order in Venango County?
When you disagree with the court's custody order, you may petition to have the judge reconsider it. These types of petitions are not commonly granted unless you can provide the judge with new information that was not available when the hearing took place and that could have an effect on the custody terms. You may also appeal the custody order – you have 30 days to do so – to the Superior Court located in Pittsburgh.
It can be challenging to successfully appeal or ask the judge to reconsider a custody order. If you believe you have good reasons to do so – ones that are in the best interests of your child or children – the LLF Law Firm Family Law Team has experience with these kinds of procedures and is ready to help you do what's best for your child or children. We will work with you to craft, file, and argue the strongest appeal or request for reconsideration possible based on the facts of your case.
What Happens if My Ex Violates a Child Custody Order in Venango County?
One of the most frustrating things that can happen after a custody order has been issued is to have your ex ignore it. Whether it's not returning your child or children on schedule, failing to make sure they make it to school regularly, or something else, the judge will be concerned if one spouse is not following the terms of the custody order.
But for the judge to know about the violation of the custody order, you will need to file a Petition for Contempt with the court that asks the judge to find your ex in contempt for violating the custody order. The petition will explain how your ex has failed to follow the terms of the custody order and will ask the judge for an order that helps make sure the violation doesn't happen again. In some cases, the judge may end up modifying the custody order to make it more difficult for your ex to violate.
If you are the one being accused of violating a custody order, you need to defend yourself against the allegations. Returning a child later than scheduled because your car broke down or because traffic was heavy doesn't necessarily mean you should lose the rights that you had under the original custody order.
Whether you are seeking to enforce the custody order or have been accused of violating it, you have the right to be represented by an attorney who understands family law in Pennsylvania and who can help you with your case. The LLF Law Firm Family Law Team is here to help – and to work to make sure your child or children's best interests are served by whatever the result is. Contact us to learn more about how we can help you with your custody issues in Venango County.
What if I Want to Change the Terms of a Custody Order in Venango County?
Custody orders change all the time. As kids grow or as parents take on new job responsibilities, the needs or resources of families may change. When that happens, sometimes the existing custody order isn't a good fit for the family's new lifestyle. In these cases, it's not at all unusual for both parents to ask the judge to change the custody order to reflect the new agreement that the parents have reached about how their child or children will be cared for.
In other cases, something happens that moves one of the spouses to want to change the custody order, but the other spouse may disagree.
In either situation, the way to resolve it is to file a motion with the Court of Common Pleas to modify the custody order. Whether it's filed by both parents who agree on what the terms of the revised order should be or by one parent who wants to change the order (while the other parent opposes the request), the court will apply the “best interests of the child” standard when it decides how to resolve the motion.
One thing you should not do – even if your ex agrees – is to act as though the custody order has been changed when it really hasn't been. A custody order is a court order. Even if you both agree to ignore parts of the order, you are technically violating the order's terms. Judges don't like it when their orders aren't followed. And because custody orders are written with the best interests of children in mind, a judge is likely to have problems if the two parents simply decide to act as though the order has been modified when, in fact, it hasn't been.
The LLF Law Firm Family Law Team can help you file a motion to modify the existing custody order in your case. If your ex has filed a motion to modify it and you disagree with what they're asking for, we can also help you argue against the request.
How the LLF Law Firm Can Help You With Custody Issues in Venango County
The LLF Law Firm Family Law Team has helped parents all across Pennsylvania, including in Venango County, secure custody orders that will help their children and their families continue to grow and prosper even after a divorce. We are ready to help you with any child custody needs, from securing an initial custody order to modifying one to enforcing it when your ex ignores it. If you are accused of violating a custody order, we are ready to help defend you.
Call us at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced family law attorneys. We are ready to help you with your child custody issues in Venango County.
