Despite your best intentions and the effort you have put into it, your relationship with the other parent of your children has broken beyond repair, and you must now negotiate with your former partner regarding the custody of your children. Even if your divorce or the dissolution of the relationship is amicable, the new circumstances mean you will have less time with your children. You may also need to accept that your former partner has formed a new relationship, and that person will be in your children's lives. Whether or not you are married to the other parent, it is very important to have a formal child custody order—which is legally binding—that captures your agreement regarding custody of the children.
In Pennsylvania, the parents or guardians of the children must submit a child custody agreement to a family court judge for their review and approval. In Armstrong County, child custody and other family law matters are heard by the Judges of the Armstrong County Court of Common Pleas in Kittanning.
It can be very difficult to navigate the legal landscape of child custody while also dealing with the stress of severing your relationship with the other parent of your children. The LLF Law Firm Family Law Team has extensive experience in Armstrong County and throughout Pennsylvania, helping parents like you negotiate a custody agreement that is best for our client and their children. Call the LLF Law Firm today at 888.535.3686 or contact us online about your child custody issues in Armstrong County.
Child Custody Cases in Armstrong County Are Heard in the Court of Common Pleas
All courts in Pennsylvania are part of the Pennsylvania Unified Judicial System. Throughout the commonwealth, the Courts of Common Pleas are trial courts that handle many different types of cases, including family matters such as child custody, child support, visitation rights, divorce, guardianship, and more. In Armstrong County, the Court of Common Pleas, 33rd Judicial District, is located at 500 E. Market Street in Kittanning. There are three judges at the Armstrong County Court of Common Pleas, one of whom is a president judge who has administrative and supervisory duties over the court.
The Different Types of Child Custody
There are two aspects to child custody: physical custody and legal custody. In each case, the court considers the best interests of the child to determine the terms for each of these types and the level of control each parent or guardian will have.
Physical Custody – Details regarding where the child will reside and day-to-day care concerns such as necessities like food, clothing, and shelter, and who has responsibility for ensuring that the child gets to and from school, extracurricular activities like sports and tutoring, doctor and dentist appointments, therapist appointments, etc., fall under the physical custody category.
Legal Custody – Concerns such as what school the child will attend, what religion they will be raised in, and the types of medical, dental, and psychiatric care they will receive are among the determinations that must be made when considering aspects of legal custody.
The Levels of Child Custody
Each child custody case addresses the issue of how much time each parent or guardian has with the child and under what circumstances. Given that, on average, children tend to do better if both parents are involved in their lives as equally as possible, the Armstrong County Court of Common Pleas, like all county courts throughout Pennsylvania, prefers to award shared or joint, legal, and physical custody. However, this is not always possible, or in the best interests of the child, so a different level of custody is determined.
Shared Custody - Parents who are both involved in the day-to-day care of their child and work together on decisions regarding the child's care and upbringing have shared physical and legal custody.
Sole Custody - Within the sole custody category, there are two possible scenarios: one parent has sole legal custody of the child and shared physical custody with the other parent, or one parent has both sole legal and physical custody of the child.
Primary Physical Custody and Partial Physical Custody - When one parent has the child for more than 50% of the overnight stays each week or month, this is classified as primary physical custody. The parent who has the child less than 50% of the overnight stays each week or month is classified as having partial physical custody.
Supervised Partial Physical Custody - Unfortunately, there are cases where the court finds there is a reasonable risk that one of the parents may abuse the child, so that parent may only be allowed to have physical custody of the child under the supervision of a qualified adult or a professional such as a social worker or counselor.
The Requirements for Seeking Custody of a Child in Armstrong County
Requirements Regarding the Petitioner and the Child – In general, the child must have resided in Pennsylvania for at least six months prior to the filing for custody, although there are exceptions in emergency situations. To have legal standing to petition for custody, the petitioner must be a parent or legal guardian or someone who has acted as a parent for the child or is willing to do so. Grandparents are often petitioners when a parent cannot or will not petition for custody.
Administrative Requirements– Petitioners for custody must follow the rules of the Armstrong County Court of Common Pleas and the Pennsylvania Rules of Civil Procedure when they file the required custody forms and pay the filing fees.
Filing for Child Custody in Armstrong County
Filing for child custody in Armstrong County begins with the petitioner—a parent or guardian—filing a form with the Armstrong County Prothonotary, which maintains Civil Records at the court. In most cases, the petitioner uses the standard Complaint for Custody. However, if the petitioner is concerned that the child's health, safety, or welfare is in immediate danger, they can file a Petition for Emergency Relief, which the court usually reviews and rules on within a day. There is also a Petition for Expedited Relief that the petitioner can use if the child is not in immediate danger, but the custody issue needs to be decided quickly. All three options are standardized forms used throughout Pennsylvania.
When a Complaint for Custody is filed, the court may assign a conciliation conference facilitator and schedule a custody conciliation conference between the petitioner and the other parent or guardian. If the two parties reach an agreement at the conciliation conference, a judge reviews it and makes any changes needed to ensure it is in the best interests of the child.
If the two parties cannot reach an agreement about custody terms, the Court Administrator will schedule a pretrial conference within ninety days, during which the court will schedule a trial date. Within seven days of the conciliation conference, both parties must submit a proposed temporary order that captures whatever elements the parties were able to agree to. The two parties must also attend a mediation orientation session before a mediator. The process may also include child custody evaluations and home visits.
If, at any point after the conciliation conference and before the trial date, the two parties reach an agreement about the child custody order, they can notify the court and move forward with the preparation of the final consent order.
The LLF Law Firm Family Law Team can advise you on how to negotiate a child custody agreement that is in the best interests of your child and your family. They have helped clients like you throughout Armstrong County and the rest of Pennsylvania resolve child custody issues.
How to Dispute the Terms of a Child Custody Order in Armstrong County
If the child custody order issued by the Armstrong County Court of Common Pleas is unacceptable to you, you have two options. The first option is to file a Motion for Reconsideration with the Armstrong County Prothonotary to request that the judge who decided your case revisit their decision. The other option is to file an appeal with the Superior Court of Pennsylvania, which is one of the commonwealth's two intermediate appellate courts; it is headquartered in Harrisburg.
What to Do if the Other Parent Violates the Child Custody Order
It is in the best interests of the child for the parents or guardians to cooperate with one another regarding the care of their child. At the very least, both parties must comply with the terms of the child custody order. If the other party in your child custody order does not drop your child off at your house per the terms of the order, or interferes with your communication with them, or otherwise violates the terms of the child custody order, you have legal recourse for resolving this serious matter. First, make sure you are documenting the instances of violation, noting details such as dates, times, and circumstances. You can then file a Motion for Contempt with the Armstrong County Court of Common Pleas, asking that the court enforce the child custody order. Penalties for violating a court order may include jail time or probation and financial penalties such as fines or an order to pay your legal fees.
How to Change the Terms of a Custody Order in Armstrong County
As the years pass after the dissolution of a marriage or similar partnership, the two parties may develop a reasonable working relationship around the care of the children they share. And as circumstances change that require changing the child custody arrangements, it may be tempting to implement changes in visitation and so forth without taking legal action to formally change the child custody order—why bother if you are working well with each other? However, changing child custody arrangements without taking the required legal steps would mean you are in violation of a court order, even though you have good intentions. It is crucial to file a Petition for Modification of a Custody Order with the Armstrong County Prothonotary. Doing so will also protect you if a disagreement arises with the other parent or guardian about custody issues.
And if the situation with the other parent or guardian of your children has deteriorated and you are concerned that the health or safety of one or more of your children is at risk because of the existing custody arrangements, an experienced family law attorney can help you file for an emergency custody order. Whatever the circumstances under which you are filing for a Petition for Modification of a Custody Order, the Family Law Team at the LLF Law Firm can advise you on the best strategy for your case.
How the LLF Law Firm Can Help You With Custody Issues in Armstrong County
With something as important and sensitive as the arrangements for the time your child spends with you, where they attend school, what religion they are raised in, and the kind of healthcare they receive, you want a family law attorney who has significant experience and is knowledgeable about the laws and procedures where you live. If you reside in Armstrong County, the Family Law Team at the LLF Law Firm can help negotiate the best terms possible for you and your children in your child custody order. In addition to having the legal background you need, the LLF Law Firm Family Law Team understands the stress and complicated emotions that can arise while forging your path in this new reality. We will make this transition as smooth as possible for you so you can focus on your family.
If you are in Armstrong County and need guidance on child custody issues, contact the LLF Law Firm Family Law Team today at 888.535.3686, or by using our contact form to set up a confidential consultation.
