Child Custody in Bedford County

Bedford County is known for its family friendliness, from the low cost of living to the great schools. However, for parents going through a divorce, the Bedford County court system is an important part of the area as well.

The Bedford County Courts handle all divorce and custody rulings for the area. If you're going through a divorce with children involved, it's important to understand the court's procedures to give yourself the best possible chance.

The LLF Law Firm Criminal Defense Team is familiar with the courts in Bedford County and can help parents dealing with custody battles. If you need help with your child custody issues, give us a call at 888-535-3686 or fill out our online form.

Custody in Southwest Pennsylvania

Divorce can be challenging in the best of situations. But when children are involved, it's easy for emotions to cloud decisions. Pennsylvania, like many states, has processes in place, administered through the Domestic Relations Office, to make things easier for parents going through divorce.

But custody doesn't just apply to divorce proceedings. The courts can assign a custodial guardian to each child. It's simply a legal term that applies to the person responsible for a minor's care. That person can be a parent, grandparent, or other guardian who's suitable for the care of a child. While parenting can be handled outside the court system, it's often necessary to go to the courts to get a legal declaration of custody.

Legal vs. Physical Custody

Pennsylvania defines two different types of custody. The first is physical custody, which the legislature defines as “the actual physical possession and control of a child.” Physical custody can be assigned to one person or multiple people, depending on what's in the best interest of the child.

Legal custody, on the other hand, refers to “the right to make major decisions on behalf of the child, including, but not limited to, medical, religious, and educational decisions.” Often, the person who has physical custody also has legal custody, but they can be different things. For instance, divorced parents may share physical custody, but one party may be assigned to make major decisions.

Types of Physical Custody

Pennsylvania defines multiple types of physical custody. You can file for physical custody, legal custody, or both at the same time, and the court will make a decision based on the facts presented.

Here are the physical custody options in Bedford County:

  • Sole custody: One person has sole physical responsibility for the child.
  • Primary custody: Multiple people have physical custody, but one person maintains custody the majority of the time.
  • Shared custody: In this case, multiple people have custody, but the court sets a schedule allotting each party a specific period of time with the child.
  • Partial custody: With this custodial arrangement, one party retains custody the majority of the time, but the other party is given visitation on a schedule as set by the court.
  • Supervised custody: In some cases, the court assigns a person to supervise visitation between an individual and a child. This is known as supervised physical custody.

How Custody Decisions Are Made

Custody cases come in front of Bedford County judges both as part of divorce proceedings and outside of them. When that happens, the judge uses a combination of information to make a decision:

  • History of abuse: If one party poses a potential danger to the child, the court will look for an arrangement that will remove that danger. This may result in supervised visitation for the party who is deemed to be a risk.
  • Relationship between custodial parties: When multiple parties are involved in a custody dispute, Bedford County judges will often consider which person will work to encourage contact with the other party.
  • Parental roles: When multiple parties have worked together to raise a child, the court will take a look at the roles each parent played. Did one parent do the majority of the caretaking? Who is the best custodian to foster a healthy daily routine for the child?
  • Availability: Bedford County courts take into account the bandwidth of each person petitioning for custody. A parent who travels constantly for work, for instance, might not be awarded custody over a parent with more availability. If one parent has limited availability but can make reasonable arrangements, that will be factored in, as well.
  • Extended family: The judge will look at any extended family that can provide additional support to the child.
  • Siblings: When a child has siblings, the court will factor those sibling relationships into deciding where to place the child.
  • Child preferences: When possible, the judge will determine the child's preferences and factor those into the decision.
  • Distance: When parents live nearby, partial and shared custody is much more workable than when the parties live miles apart.
  • History of substance abuse: If one party has a documented history of substance abuse, the judge will consider that.

Judges may consider factors in addition to the above, including the environment of each household and the overall mental fitness of each party. In the end, the judge will make a decision, using all the information presented, as to which arrangement will be in the best interest of the child.

Filing for Custody in Bedford County

All custody matters in Bedford County go through the courthouse on South Juliana Street. If you want to file a custody action in the county, you can retain a lawyer or handle things on your own. While there are many benefits to using an attorney, the county does provide forms online to let citizens launch the process on their own.

To file for custody in Bedford County, you'll need to first pay the filing fees and complete the following forms:

  • Complaint for Custody
  • Confidential Information Form
  • Order of Court for Custody Conference
  • Criminal History and Abuse Verification

Once you've filed, you'll have 30 days to serve the defendant. That jumps to 90 days if the defendant doesn't live in Pennsylvania. You can have the person served personally or send the documents by certified mail and request a return receipt.

From there, you'll need to begin building your case, which means gathering all documentation and preparing to argue your side of the story on your assigned court date. The LLF Law Firm Criminal Defense Team can take all of this off your hands and ensure you not only complete all paperwork but that you also have the best chance possible when your day in court arrives.

Custody Hearings in Bedford County

Standing in front of a judge can be an intimidating experience. You'll need to be respectful and only speak when spoken to. It's important to keep emotion out of all interactions, which can be difficult when you're facing off against someone for custody. Even if you don't agree with the judge's decision, you'll need to suppress your emotional reaction.

But on your court day, the information you present to the judge matters more than anything. The hours, weeks, and months you put into crafting a case and gathering evidence are crucial. You'll want to consider all the above criteria that Bedford County judges use to make a custody decision and present an argument, backed up with documentation, for why you're the best person to take care of this child.

The LLF Law Firm Team has the experience necessary to help you prepare for your day in court. We'll gather information and present your case to the judge to give you the best chance possible of gaining custody.

Custody Appeals in Bedford County

Sometimes, the judge doesn't rule in your favor. You may not be awarded primary custody, for example, leaving you with limited visitation. A judge's ruling doesn't have to be the end of the road. You can file a custody appeal within 30 days of the final decision. With an appeal, a higher court reviews all the information to determine whether errors were made by the original judge.

From a judge's perspective, the following will factor into whether a child custody decision is overturned:

  • Errors of law: Judges rely heavily on legal statutes and case laws when making rulings. If a higher court finds that a judge ruled in a way that wasn't consistent with those statutes and laws, the finding may be overturned.
  • Errors of fact: When an appeals judge reviews a previous finding, typically, that judge will hone in on specific errors that might have been made. This could be a misunderstanding of the evidence presented or a misrepresentation of the facts by one of the parties involved in the custody dispute.
  • Procedural errors: Court proceedings follow a set of standards, including giving each party a chance to present their side of the case and introduce relevant evidence. In an appeal, a higher court may rule that the original judge didn't follow procedures to the letter, tossing out the decision.
  • Abuse of discretion: This is an overall finding by a higher court that the original court made a decision that wasn't justified by the evidence presented. If the original judge's decision is viewed as illogical by the higher court, abuse of discretion also applies.

If you plan to appeal a custody decision, it's important to make sure your appeal might fit one of the above criteria. If the decision was made without error and you simply disagree, the higher court will likely uphold the previous decision. An attorney can review the case and your documentation and let you know whether an appeal is in your best interests.

Child Support Orders in Bedford County

As in every state, Pennsylvania often assigns one parent to pay a monthly amount to the other parent to cover part or all of a child's living expenses. The Pennsylvania Domestic Relations Section (DRS) uses a variety of factors to determine child support amounts. This includes each parent's income and expenses. In some cases, DRS will also consider the amount of time each parent has custody of the child.

In Bedford County, child support is managed through the state's child support website. The site offers a separate section for attorneys to request support services and for employers to manage employee withholdings related to child support orders.

Custody Modification in Bedford County

Often, when custody modifications are mentioned, they are in reference to adjusting the child support requirements of one parent to another. However, you can also request a modification of the custody agreement itself. The situation might have changed, for instance, and one parent might want the other parent to have more or less time with the child.

In Bedford County, you'll need to petition the court to modify the custody arrangement. The form will prompt you for details of the modification you want to make, including the reason for the request. The form will be submitted to the Bedford County courthouse, where it will be reviewed, and a conference between all involved parties will be scheduled.

Contempt of Court in Child Custody

Once an order is put in place, all parties are expected to comply with it. Failure to comply could result in a contempt of court finding. Willing noncompliance with a child custody order can lead to one or more of the following:

  • Imprisonment and/or probation for up to six months.
  • Fines of up to $500.
  • Counsel fees and costs.

Your failure to comply could also result in an order for nonrenewal, suspension, or denial of any state-issued licenses you hold. If a parent has a backlog of child support payments, the license could be held until those payments are made. This includes your driver's license and any professional licenses you hold.

How the LLF Law Firm Can Help

Custody issues can be stressful, but having the right team on your side can make a big difference. The LLF Law Firm Team has years of experience in dealing with Pennsylvania child custody cases and can help. We'll walk you through each step of the process as we gather information in preparation for appearing in front of the judge. We'll also manage any appeals and help with noncompliance.

If you're dealing with custody issues in Bedford County, Pennsylvania, reach out to us at 888-535-3686 or complete our confidential online form, and we'll be in touch.

Contact a skilled Family Law Team Today!

The LLF Law Firm has unparalleled experience practicing Family Law in Pennsylvania. If you are having any uncertainties about what the future may hold for you and your family, contact our offices today. Our Family Law Team will go above and beyond the needs for any client and fight for what is fair.

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