Are you seeking child custody in Clinton County, Pennsylvania? This can be among the most emotionally fraught and complex elements of a divorce or separation.
Naturally, the experience is challenging if you and your ex can't agree on the terms of a custody arrangement. However, even if you do agree to an arrangement's terms, you'll still need to submit them to the court for approval. This could be yet another task you need to navigate during an already complicated and demanding experience.
Fortunately, you don't have to navigate it alone. At the LLF Law Firm Family Law Team, we're available to help you through every step of the process. We'll also defend your rights, guarding against a final custody arrangement that isn't fair to you or your child. Get started today by submitting your information through our online contact form or calling us at 888-535-3686.
What Court Hears Child Custody Cases in Clinton County, PA?
The Clinton County Courthouse is located at:
230 East Water Street
Lock Haven, PA 17745
This is where most child custody cases are heard in Clinton County. Depending on the circumstances, they may also be heard via the Clinton County Domestic Relations Section, which is right next door at 232 East Water Street.
This highlights one of the numerous benefits of working with attorneys when seeking custody. At the LLF Law Firm Family Law Team, we'll make sure you understand where and when any hearings or other such important aspects of your case will occur.
What Are the Different Types of Child Custody in Pennsylvania?
There are two main types of child custody in Pennsylvania: physical custody and legal custody. Because a final custody order will address both, it's important to understand the differences between the two. If a custody order grants you sole physical custody but shared legal custody, you need to know what the implications are for your role as a parent.
- Physical custody: Someone has physical custody of a child when a child lives with them. Additionally, a parent with physical custody is responsible for caring for a child on a day-to-day basis. This can involve everything from feeding a child to escorting them to medical appointments. Sometimes, a child custody order will grant both parents physical custody, meaning a child will split their time between both parents equally. This may be an option when both parents live relatively near one another. If a custody order grants one parent sole physical custody, the other may still have visitation rights, meaning they have the right to spend a certain amount of time with their children on a consistent basis.
- Legal custody: Legal custody involves the right to make choices about a child's upbringing. For example, a parent with legal custody may decide where to send a child to school, what religion to raise them in, and more. As with physical custody, legal custody can be shared, particularly when both parents seem willing to cooperate as co-parents.
You may first attempt to arrive at a custody arrangement that satisfies you, satisfies your ex, and serves your child's needs. However, this isn't always possible. When two parents can't agree on the terms of a child custody arrangement, it's up to the court to decide what such an arrangement should consist of. The court will consider the best interests of the child when establishing a custody order.
At the LLF Law Firm Family Law Team, we can help you express your desires clearly when working with your ex or their lawyer on an agreement. If it's left to the court to decide who should have custody, we'll present your case, showing why the custody arrangement you favor is in the best interests of the child. If the court decides who gets custody, we can also explain the final terms of the order, ensuring you thoroughly understand what they mean for you.
Who May Seek Custody of a Child in Clinton County?
Pennsylvania law allows the following parties to seek custody of a child:
- Parents
- Those acting in loco parentis for a child (meaning those serving in the role of parents in the absence of a child's actual parents)
- Grandparents, if they aren't already acting in loco parentis
- Other responsible adults who can show they meet certain criteria and are able and willing to care for a child
The requirements one must satisfy when seeking custody of a child in Pennsylvania can depend somewhat on who is seeking custody. For instance, when grandparents who aren't already serving in loco parentis seek custody, they need to show that they already have an established relationship with the child that was the result of a court order, the child's consent, a parent's consent, or a combination of these.
Our lawyers at the LLF Law Firm Family Law Team will help you understand the requirements and criteria you may need to satisfy when requesting custody of a child in Clinton County. When necessary, we can also help you gather and present the evidence needed to show you meet these criteria.
How Are Custody Cases Resolved in Clinton County?
If you're seeking custody of a child in Clinton County, the process generally involves the following steps:
- Complete the forms: You must first complete the custody packet thoroughly and truthfully to establish your desire to seek custody of a child. Our lawyers can help you complete the necessary forms.
- Filing the forms: File the completed paperwork with the Prothonotary's Office at the Clinton County Courthouse. Be aware that there is a filing fee. If you can't afford the fee, you may ask the court to waive it. You'll have to submit an Affidavit of In Forma Pauperis Status to do so. Even if you submit the form, be aware there's no guarantee the court will grant your petition to waive the filing fee.
- Service: Upon processing the forms, the court will send two copies to you if you're representing yourself. You may request that the court send the other copy to your attorneys if you've hired lawyers already, which is a wise decision. If you handle the case yourself, it's your responsibility to serve your ex (or whoever else may be the defendant in this case) with the papers within 30 days of filing a complaint. You may do so through the Clinton County Sheriff's Department or through certified mail with the return receipt requested, which is to be assigned by the addressee only. You may not personally deliver the complaint forms to the defendant. Doing so violates the accepted procedures of the court.
- Hearing: The documents you receive from the court (and serve your ex with) will contain information about the date and time of a hearing to address child custody matters. At the hearing, you must bring proof that you have served your ex with papers. Filing proof of service with the Prothonotary's Office is another option.
A child custody case doesn't necessarily have to reach the stage where a hearing is necessary. This is typically only necessary when the parties involved in a dispute can't agree to the terms of a custody arrangement. In these circumstances, they may leave it up to the court to make decisions about custody.
Sometimes, this is the best option when the other party isn't being cooperative. However, it deprives you of the chance to exercise control over various details of a custody arrangement.
It's often beneficial to negotiate an arrangement with the other party. That's not to say you need to coordinate with your ex directly if doing so is challenging. Our lawyers at the LLF Law Firm Family Law Team can speak on your behalf when working on a custody arrangement with another parent. If they refuse to cooperate, we can help you thoroughly prepare for court. We'll also represent you during hearings.
What if My Ex Violates the Terms of a Custody Order in Clinton County?
An ex may say they will abide by the terms of a custody arrangement. That doesn't mean they're actually being truthful.
There are various ways someone might violate a custody order's terms. Some are direct and obvious, while others may be relatively subtle. Examples of ways someone can violate a child custody order include (but certainly aren't limited to):
- Denying visitation or disrespecting visitation by dropping kids off late, picking them up early, trying to remain present during visitation time, etc.
- Not returning a child at the end of visitation time
- Not fulfilling certain responsibilities, such as the responsibilities that come with shared legal or physical custody
- Putting the child in danger
- Trying to relocate with a child without permission
A custody order is, as the name implies, a court order. That means the potential penalties for violating one can be significant. Sometimes, the penalty is merely a fine. In other instances, it may involve jail time.
To enforce a custody order, you may submit a Contempt of Custody form to the court. Read the form carefully, as it contains instructions about where to submit the paperwork, how to serve your ex with the paperwork, etc.
Enforcing a custody order doesn't always need to involve fines, jail time, or other such legal penalties. It may be sufficient to modify the language or terms of an order. Your ex may be more inclined to comply with an order's terms if it's modified to be stricter.
You'll need to prove to the court that your ex has violated the terms of the original order. Presenting your case is another task we at the LLF Law Firm Family Law Team can assist you with.
Can I Change the Terms of a Custody Order in Clinton County?
A custody order that you initially agreed to might not serve its purpose forever. As children grow and life circumstances change, a custody order that was once ideal could no longer properly serve a child's needs.
There are many reasons someone might wish to modify a custody order in Clinton County, PA. The following are just a few examples:
- The employment or income of one parent has changed, affecting their ability (whether positively or negatively) to care for their children.
- If you wish to move, you could require modifying the visitation or physical custody terms of an existing custody order.
- A child develops a medical condition. Due to scheduling issues, income, or other such factors, one parent may be better able to care for the child now. It might be necessary to modify an existing custody order accordingly.
- One parent's lifestyle has changed, and their child may now be in danger when spending time with them. The other parent might wish to modify the custody order to protect the child.
If you're not sure whether your reason for wishing to modify a custody order is legitimate, the court will consider it. We at the LLF Law Firm Family Law Team would be happy to answer your questions. We can also help petition the court to modify custody.
This is another process that starts with carefully reading a form and following its directions. Some people mistakenly believe that they can skip this step (or at least postpone it) if their ex has already informally agreed to the modified terms of a custody order.
That's not the case. Until the court officially approves the requested modifications, the original custody order remains in effect. Even if you and your ex say you agree to the new terms, abide by the original terms until the order is changed officially.
How the LLF Law Firm Can Help With Custody Issues in Clinton County
Working toward a fair child custody arrangement is much easier with the assistance of legal professionals qualified to represent someone like you. Our attorneys at the LLF Law Firm Family Law Team can assist you with completing paperwork, gathering documentation to strengthen your case, modifying existing orders, and enforcing an order that your ex has violated.
A child custody case is among the most significant experiences in your life and the lives of your children. Make sure you're hiring the right lawyers to guide you through this experience. Find out more about what we can do for you by calling us at 888-535-3686 or contacting us through our online contact form today.
