Child custody issues are some of the most complex challenges for a family to go through. Whether you're getting a divorce or have a long history of struggling to agree on a child custody plan that works for everyone, it's time to get help. The LLF Law Firm Family Law Team can assist you in finding a child custody solution in your Cameron County child custody case. Our Family Law Team is well-versed in the family court system in Cameron County and has guided countless families through the process you are facing now. Call us today at 888-535-3686 or use our contact link to set up a confidential consultation.
Where Are Child Custody Cases Heard in Cameron County?
Child custody cases in Pennsylvania are heard in family county courts; in Cameron County, this is the Domestic Relations Section of the Cameron County Courthouse. The courthouse is located at 20 East 5th St in Emporium, but you should never go to court alone during your child custody battle. Your LLF Law Firm Team will always ensure you know where you are going and when to be there, and they will be with you anytime you are required in the Cameron County Courthouse.
What Are the Different Types of Child Custody?
A phrase you will often hear in child custody cases is "in the best interest of the child." This is the standard the Cameron County Court will use when deciding what type of child custody is appropriate in your specific case. Two types of custody are recognized in Cameron County: legal and physical. You aren't limited to being awarded only one type of custody; in most cases, parents will have some form of both. The differences matter, so we briefly discuss them in more detail below, but your LLF Law Firm attorney will walk you through all the nuances and discuss what type of custody you are seeking during your consultation.
Legal Custody
Legal custody relates to the right to make important decisions about your child's life. These decisions touch on every facet of their life, from the type of education they get and where they get it to healthcare decisions and the religion they will be raised with. Having shared legal custody is often standard, but it is possible for one parent to be the sole legal custodian and have a complete say in these matters.
The issue of legal custody is difficult. At best, the reasons for your divorce are unrelated to your children. Still, oftentimes, disagreements on how to raise your child can be factors in your divorce or exacerbated arguments during this difficult time. Your LLF Law Firm attorney is well-versed in negotiating legal custody. We have guided clients in coming to resolutions with their co-parents. While not every decision will result in happiness all around, your LLF Law Firm attorney will help you decide which battles are worth fighting and learn more about how Cameron County Court handles these matters in practice.
Physical Custody
Physical custody is what most people think of when they think of custody, who the child lives with, and who their caregiver is. While the default for child custody throughout the country used to be the mother, Cameron County will always focus on what is best for the child, and any parent or guardian who can provide what the child needs is entitled to petition for physical custody. Physical custody includes a variety of arrangements:
- Primary physical custody, where one parent or guardian has the child for most of the time
- Partial physical custody, where one parent or guardian has the child for less than half the time
- Shared physical custody, where both parents or guardians have nearly equal time with the child
- Sole physical custody, where the child exclusively lives with one parent or guardian, and the other parent or guardian has no legal physical custody rights
- Supervised physical custody, where one parent or guardian is only allowed physical time with the child under supervised conditions (generally related to safety concerns such as alcohol or substance use disorders impacting their parenting abilities)
What each parent wants will likely be different. You should never feel pressured into making a child custody decision others think you should make or don't feel right for you. If you think it's in your child's best interest and you are getting more or less time, your LLF Law Firm attorney can help you achieve that goal.
What Are the Requirements for Seeking Child Custody in Cameron County?
If you, your ex, or your child have moved throughout the separation or divorce process, you may wonder if Cameron County is the correct location to file a child custody action. To file a child custody case in Cameroun County, the child should have lived in Cameron County for at least six months. There are exceptions to the six-month rule. Of course, if a child is under six months old and residing in Cameron County, then Cameron County Courthouse will hear that case, potentially for any of the infant child's siblings who would be operating under the same custody agreement.
Not just anyone can bring a child custody case in Cameron County, even if the child is a Cameron County resident for the requisite time period. The Pennsylvania Child Custody Act dictates who has the legal right to file for child custody. The law specifically lists three types of people: parents, grandparents, and third parties. The type of custody they can request differs, and the requirements for which situations qualify them for custody differ.
Parents Filing for Child Custody
There are no restrictions on when or what type of parent can file for child custody. Whether you're an adoptive parent or biological, if you are the child's parent, you are entitled to file a child custody action in Cameron County Court at any time.
Grandparents Filing for Child Custody
Grandparents can file for any form of legal or physical custody of a child when:
- The guardianship relationship with the child began with the consent of the child's parent or by a family court order
- The grandparent is assuming or willing to assume responsibility for the child and
- The child is a minor, substantially at risk of parental abuse, neglect, drug or alcohol abuse, or incapacity, or the child has lived for at least 12 consecutive months with the grandparents
In the event a child has not lived with the grandparent for at least 12 consecutive months (with the exception of short times away from the grandparent's home), it must have been the parent who removed the child from the grandparents' care and the grandparents must file their custody action within six months. If you are a grandparent seeking child custody in Cameron County or a parent fighting against your child's grandparent for custody, we understand that the law is confusing. At the LLF Law Firm, we will walk you through the law clearly, help you understand your legal options, and take action if you choose.
Third Parties Filing for Child Custody
Third parties filing for child custody often have the most difficult cases. The bar for gaining custody of a child that is not yours or your grandchild is high. Your LLF Law Firm attorney will need to demonstrate that you have acted in loco parentis to the child; this means you have taken on the parenting responsibilities of this child, emotional, financial, and otherwise, for a significant period of time. The law explains the required relationship as one where you have assumed or are willing to assume the responsibilities of the child, and you have a "sustained, substantial, and sincere interest in the welfare of the child."
Cameron County Court will look at no shortage of factors when deciding if a third party is appropriate for child custody. Often, third parties are only awarded custody in the most severe cases where neither parent has the legal, physical, or mental capacity to care for their child (for example, if both parents are incarcerated). If you believe that, as a third party, your custody of a child is in their best interest, contact the LLF Law Firm. Do not be deterred by the strict nature of Pennsylvania law; if you're the child's best option, you should fight for them, and we will support you every step of the way.
How Are Conflicts in Child Custody Cases Resolved in Cameron County?
Child custody cases in Cameron County typically begin with you or your ex filing a Complaint for Custody with the Cameron County Courthouse. In extreme situations where your child's health or safety is at risk, your attorney can file a Petition for Emergency Relief. This emergency petition is usually reviewed within a day, and any action taken is temporary until the custody matter can be resolved through the normal and appropriate channels.
The standard process will involve a meeting, also called a conference, with a representative of the court. This representative is usually a hearing officer, not a judge at this stage. Your LLF Law Firm attorney, your ex, and their attorney will attempt to agree on custody during this hearing. If you are able to come to an agreement, a Cameron County Court judge will review the agreement and decide if it is appropriate. In most cases, if both parents agree and the hearing officer has approved, the judge will have no issue with approving the agreement.
If custody cannot be resolved at the conference, your case will likely go before a judge. The judge will not necessarily hear your case at this time. They may, at the hearing, refer you for mandatory mediation; this is a second chance to come to an agreement, this time with the guidance of a trained mediator. During this time, the judge may order a custody evaluation, which can be an evaluation of the parents and child to determine the child's needs and whether the parents can sufficiently meet them.
If an agreement still cannot be reached, your LLF Law Firm attorney will represent you at a child custody hearing. Your attorney will present evidence, witnesses, documents, and more on your behalf and argue why the custody agreement you are proposing is in your child's best interest. At the end of the hearing, the judge will order a child custody order.
What If I Disagree With the Terms of My Child Custody Order in Cameron County?
If you disagree with the custody order issued by a Cameron County judge, your LLF Law Firm attorney can take one of two actions. The first is to file a motion for reconsideration with the judge. The second is to file an appeal with the Superior Court of Pennsylvania. While emotions will run high after a custody order is issued, and you may want to take time before making big decisions, the window to appeal is short. You have only 30 days after the judge issues the custody order to file an appeal. Whether to file a motion for reconsideration or an appeal depends on your case. Your LLF Law Firm attorney will advise you on your best options and help you find a solution you feel comfortable with.
What Happens if My Ex Violates the Child Custody Order in Cameron County?
Violating a custody order in Cameron County is a serious matter. If your ex has violated the custody agreement, contact your LLF Law Firm attorney immediately so they can file a Petition for Contempt with the Cameron County Courthouse. Documenting violations of custody orders is important; even if it seems like only one or two times is no big deal, documenting patterns is important and can bolster your child's custody cases if you want to amend the order down the line.
What if I Want to Change the Terms of My Cameron County Child Custody Order?
Whether one party wants to make changes or both parents agree to changes to a child custody order, it must be approved by a Cameron County judge to be legally valid. To make changes, your LLF Law Firm attorney will file a motion with the Cameron County Court, explaining why the modification is necessary. How and when it is appropriate to file to change a custody agreement depends on your case – has one party been violating the agreement? Are there changes to your child's needs, environment, or safety? The list of factors goes on. Judges don't look favorably on parents who are constantly requesting changes to custody orders just because they didn't get what they want. Your LLF Law Firm attorney is here to ensure your argument to change the child custody order is made appropriately and increase your chances of getting the child custody agreement you want.
How the LLF Law Firm Can Help With Your Child Custody Issues in Cameron County
At the LLF Law Firm, our Family Law Team is experienced in helping families negotiate and, if necessary, litigate child custody claims. We know that everyone involved wants what is best for the child, but getting to a resolution can feel impossible. If you are facing a child custody issue in Cameron County, let the LLF Law Firm help. Call us today at 888-535-3686 or contact us online.
