Child Custody in Clarion County

Reaching an agreement on child custody can be an emotional and challenging process. Parents may disagree about what's best for their child or when and how much time a child should spend with each parent.

Even when parents have a good co-parenting relationship, it's important to have discussions about important issues before problems arise. Parenting plans can be beneficial for all parents, and an experienced legal team can help parents weigh their options and plan for the future.

The LLF Law Firm Family Law Team works with parents in Clarion County and throughout Pennsylvania. We focus on child-centered custody agreements. Call us at 888-535-3686 or fill out our online form.

Who Can File for Custody in Clarion County?

If a parent and child reside in different counties, parents file for custody in the county where their child lives and not where they live. Pennsylvania doesn't require parents to either currently or ever have lived with a child when filing for custody.

When a child has lived in a county for at least six months, that county becomes their county of residence. In cases when a child has moved frequently or resided in a county for less than six months, the LLF Law Firm Family Law Team can help you determine your child's likely home county and where to file.

How Do I File for Custody in Clarion County?

In Clarion County, parents or other adults can file for custody with the Prothonotary, or Clerk of Courts. This office handles civil proceedings within the county, including custody and divorce.

Individuals can find the office at the Clarion County Courthouse in Clarion. When custody is tied to a divorce case, parents should be aware that the divorce case is separate from the custody case.

What Happens After I File for Custody?

In Clarion County, custody cases follow these steps:

  • Filing
  • Conciliation conference
  • Mediation, if appropriate
  • Pretrial conference
  • Hearing

Parents are expected to put forth a good-faith effort to reach an agreement on custody and visitation. Once an agreement is reached, an order will be entered.

During conciliation conferences and mediation, parents and their attorneys negotiate to reach a compromise on custody. Both give parents a significant amount of control in reaching an agreement.

If unable to resolve a custody dispute during these stages, Clarion County will schedule a hearing. At this hearing, it's the judge, not the parents, who decides on custody. This is one reason why it's beneficial for parents to resolve custody disagreements earlier in the process when they have more control over the discussion.

What Are the Types of Child Custody?

There are two types of child custody: physical and legal. As Pennsylvania encourages, when possible, a child should have a relationship with both parents. The "default" for custody is that parents share physical and legal custody.

Physical custody is about providing a child's daily needs, such as food and shelter. When parents have physical custody, they're in charge of making sure a child goes to school, appointments, and activities. They're also responsible for protecting a child's health and well-being.

Pennsylvania has the following types of physical custody:

  • Shared physical custody
  • Primary physical custody
  • Partial physical custody
  • Sole physical custody

Legal custody is more about decision-making. This includes what schools a child attends, what religion a child practices (if any), and what medical care a child receives. Not surprisingly, legal custody can occasionally be a fraught process when parents disagree on topics such as vaccination or religion.

In Pennsylvania, the default legal custody option is joint legal custody. This means that both parents make decisions about a child's life.

Pennsylvania has the following types of legal custody:

  • Shared legal custody
  • Sole legal custody

Physical and legal custody can differ. For example, parents may have joint legal custody while one parent has sole physical custody.

With joint or shared custody, both parents are actively involved in making decisions and/or caring for a child. With primary and partial custody, both parents have custody, and one parent has the children for the majority of the time.

With sole custody, one parent is responsible for making decisions and/or caring for a child. Even if one parent has sole custody, that doesn't automatically exclude the other parent from a child's life.

Supervised Physical Custody

Not all parents are in a position to have custody of their child. That doesn't mean they shouldn't have a relationship with their child.

Supervised physical custody is a way for a parent to spend time with their child when they aren't in a position to care for them. More commonly known as visitation, supervised physical custody means a court-appointed third party will be present when a parent and child spend time together.

Interim Agreements

Before parents agree on a final custody agreement, a court may issue an interim agreement. A temporary custody order, they help to provide stability for children and minimize disruption to their lives.

Emergency Orders

On occasion, it's important for a child to be removed from a situation as soon as possible. In these cases, parents or other adults will want to file an "Emergency Petition for Special Relief." Parents or other adults should file an emergency order when they believe or have evidence that a child's health and safety are in danger.

Emergency petitions should only be used when an adult has reason to be concerned about a child's well-being or that a child is in imminent danger. Filing without believing a child's health or safety is in danger may backfire on the parent who filed.

Grandparents and In Loco Parentis

In certain situations, Pennsylvania allows grandparents and other adults to file for custody. Non-parental custody generally happens when a parent is dead or unable to care for a child.

When grandparents and other adults file for custody, they need to prove that:

  • They are willing and able to assume responsibility for the child
  • They possess a sustained, substantial, and sincere interest in a child's welfare

o Non-parents should plan to present evidence that establishes the nature, quality, extent, and length of their involvement in a child's life

  • Neither parent has any form of care and/or control of a child

If a parent currently has custody but a non-parent has reasonable concerns about a child's well-being, health, or safety, that individual should immediately contact the LLF Law Firm Family Law Team.

Why Do I Need a Custody Order?

When parents have a good relationship, it can be tempting to think a custody order isn't necessary. Getting the courts and legal system involved may seem unnecessary.

A formal custody order remains important even when parents have a good relationship and agree on custody terms. The reality is things change, and a custody order is a legal document that gives parents grounds to enforce its terms.

Parents should keep in mind that custody agreements shouldn't focus just on the present but also include considerations for the future, such as what might change when a child moves from elementary school to junior high.

Does Clarion County Allow Me to Change a Custody Agreement?

Yes. All child custody orders can be modified. A new job, a change in schedule: life events can require parents to amend a custody agreement. Even when a life change is expected, such as beginning high school, parents may find that the reality is different from their plans and calls for a change to custody.

The LLF Law Firm Family Law Team can help parents modify custody agreements in ways that minimize any disruptions to a child's schedule or routine.

What Factors Are Considered for Deciding Child Custody in Clarion County?

During discussions about custody, one question is central: What's in a child's best interests?

This is the central question of any custody agreement. Next is that, when appropriate, a child is able to maintain a relationship with both parents.

When determining custody, Pennsylvania uses a non-exclusive list of factors. Judges aren't required to consider every factor and can consider details beyond those listed. The purpose is to assemble evidence that provides a comprehensive picture of a child's life, routines, and relationships.

Some of the factors judges may consider:

  • Each parent's current relationship with and involvement in a child's life
  • How to provide a child with stability and continuity
  • Whether each parent either has or is able to provide an environment that meets a child's emotional needs
  • Whether a parent either has or is able to provide and support a child's daily needs
  • Each parent's ability to care for a child and make appropriate child-care arrangements
  • A child's relationship with extended family

How Does Each Parent's Finances Factor Into Custody Agreements?

A parent's financial position has no bearing on custody agreements. That one parent makes significantly more money doesn't give them any advantage when awarding physical or legal custody.

Financial concerns are solely the purview of child support discussions. In the vast majority of custody agreements, a parent's income or financial position should have no bearing on custody. Even in situations when a parent's financial position may be relevant, such as a parent having a severe gambling addiction, discussions about finances are usually related to other problems.

What Happens if One Parent Interferes with the Other Parent's Time or Relationship with Their Child?

Pennsylvania encourages both parents to have a relationship with their children. In custody hearings, courts will consider if either parent is attempting to alienate their child from their child's other parent.

If a parent attempts to prevent or restrict their child's relationship with the other parent, courts are more likely to side with the other parent. This is especially true if that parent either encourages or at least doesn't interfere with the other parent's involvement in a child's life.

Custody, Abuse, and Crime

A criminal record or a history of domestic violence isn't an automatic bar to custody. That a parent or a member of that parent's household has either doesn't mean a parent cannot have custody.

Courts can consider both a criminal record and a history of domestic violence in regard to a child's health and safety. If a court believes a child is at risk, that can influence a custody decision.

That one parent abused their child's other parent also doesn't bar that parent from custody. Again, the question is if the parent poses a risk to a child's health and safety.

These considerations can be complicated and emotional for both parents. If your custody case involves abuse allegations or criminal convictions, contact the LLF Law Firm Family Law Team.

Does Clarion County Require a Parenting Plan?

In Pennsylvania, parenting plans aren't required by law. Judges, however, can require parents to complete a parenting plan. Even when not required, parenting plans can be beneficial for parents to complete as they can often raise issues or considerations that parents might not have otherwise considered.

What Happens When a Parent Violates a Custody Order in Clarion County?

If and when a parent violates a custody order, the other parent can file a contempt form with Clarion County. After a parent submits a contempt petition, the court will schedule a hearing. A judge on the Court of Common Pleas oversees the hearing.

Parents should be prepared to present evidence of how the other parent violated the custody order. They should also, when possible, show how these violations affect their child.

If a parent or other adult believes a custody violation puts a child in imminent danger, the best option may be filing an emergency custody order. The LLF Law Firm Family Law Team can help parents understand their options following custody violations and their best path forward.

Tell the Truth

Custody disagreements can be emotional, and "winning" can sometimes become more important than what's best for a child. In these situations, parents may be tempted to lie or exaggerate facts or situations in order to "win."

Parents should not, under any circumstances and no matter their motives, lie or manipulate the truth. While it can be tempting to embellish details, it can result in a court siding with the other parent.

If and when a parent has concerns about the other parent, rather than manipulate the truth, they should work with the LLF Law Firm Family Law Team. We help our clients build evidence-based cases.

What is Special Relief in Clarion County?

After a parent files for custody, a court may grant special relief. These are interim or temporary orders that aren't required by law and are at a judge's discretion.

Special relief can include:

  • Temporary legal or physical custody agreements
  • Requiring a parent or other adult who has physical custody of a child to bring that child before the court
  • Banning parents from leaving Pennsylvania with their child

Pennsylvania doesn't limit what types of relief a judge can offer and leaves it to a judge's discretion.

Protect Your Parent-Child Relationship

Reaching a custody agreement can be stressful. Parents can both be well-meaning but have drastically different ideas of what's in their child's best interests. Whether negotiating holidays and school vacations or protecting children from dangerous situations, custody can be a fraught and drawn-out process.

In Clarion County and throughout Pennsylvania, the LLF Law Firm Family Law Team works with parents and guardians to protect their child's best interests. We focus on child-centered solutions that help minimize disruption to a child's life and routine. We help our clients consider their options, assemble evidence, and guide them through the process. Call us at 888-535-3686 or fill out our online form.

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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