The process of determining child custody after a separation or divorce can be emotional and difficult for everyone involved. Figuring out where the kids will live, which parent will care for them, and which parent will make important decisions for them can be stressful and overwhelming. In cases where parents are deceased or are otherwise unable to care for their children, someone else may seek to obtain custody of the children. In Delaware County, the child custody process can be complicated and difficult to understand. With so much riding on the outcome, you shouldn't try to navigate it alone.
The LLF Law Firm's Family Law Team has years of experience successfully representing Delaware County residents and clients throughout Pennsylvania with child custody matters. We can help you ensure that your rights are protected every step of the way and obtain the best possible outcome for you and your children. Call us today at 888.535.3686 or contact us online to find out how we can help you.
Where Are Child Custody Cases Heard in Delaware County?
In Delaware County, anyone seeking child custody must file the proper paperwork in the Office of Judicial Support, which is located in the Delaware County Government Center Building at 201 West Front Street, Room 126, in Media.
Once the paperwork is filed, the District Court Administrator's Office – which is located on the first floor of the courthouse – will process everything and schedule a hearing before a Master. Child custody matters are generally heard by officials and judges who deal with child custody issues on a regular basis.
What Are the Different Types of Child Custody?
There are two types of child custody: physical and legal. A parent who has physical custody of a child or children is responsible for their day-to-day care including their food, clothing, and shelter. This parent is also responsible for doing things such as making sure the children get to and from school and to their medical appointments.
Physical custody arrangements can vary from case to case. In some instances, only one parent will have sole physical custody of the kids. In others, both parents might share joint physical custody. In some cases, one parent may have sole custody, while the other parent may only be allowed to have limited visits with the kids. Parental visits may be supervised by a court-appointed agency or monitor in some cases.
Legal custody refers to the parent who makes the major decisions about the child's care and upbringing, such as where the child goes to school, what religion the child practices (if any), and the type of medical care the child receives. Legal custody can be shared jointly between parents, or the court can award sole legal custody to one parent. It's important to know that the parent who has legal custody of the kids isn't necessarily the parent who has physical custody of them.
The experienced Family Law Team at the LLF Law Firm can help ensure that your rights are protected and your voice is heard during the determination of the physical and legal custody of your kids.
What Are the Requirements to Be Able to Seek Custody of a Child in Delaware County?
Whether someone can seek custody of a child in Delaware County depends on the circumstances of each case. Jurisdiction of child custody cases in Pennsylvania and in Delaware County, in particular, depends on many factors.
Generally, the first thing to consider when seeking child custody in Delaware County is whether Pennsylvania is the child's "home state," which is the state where the child has lived six months prior to the start of the custody matter. At least one of the parents must also live in the state for it to be considered the child's home state. If a child is younger than six months old, the child's home state is the state the child has lived in since birth.
If the child doesn't have a "home state," the custody matter can be filed in Delaware County, Pennsylvania, if there's a "significant connection" to Pennsylvania and Delaware County. A significant connection is more than just the child's presence in the state or county. For example, it can mean that the child's relatives live there, or the child spends a lot of time there, and it's therefore in the child's best interest for the custody matter to be brought there. Courts will use all information available to them, including information from the child's relatives, counselors, teachers, and healthcare providers, to determine whether there's a significant connection for child custody purposes.
If the child or children and parents or other interested parties are spread out among different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) requires courts to communicate with each other and work together to resolve jurisdiction issues in the child's best interests. In emergency situations – such as when there's abuse or abandonment – a state can seek emergency custody to protect the child and then work with other involved states to determine the child's home state so the custody process can move forward.
Whether someone has standing to bring a custody case in Delaware County depends on many factors and is determined on a case-by-case basis. A parent, a grandparent, an aunt, uncle, or other relative may have standing to bring a custody case in Delaware County. It can also be someone who's been caring for the child or children and has assumed parental responsibilities for them or someone who's willing to take on these responsibilities.
The experienced attorneys on the LLF Law Firm's Family Law Team can help you understand the jurisdiction and standing requirements for filing your custody matter in Delaware County.
What Is the Procedure Used to Resolve Child Custody Cases in Delaware County?
In Delaware County, anyone filing a custody case has to follow the county's rules and file certain forms. At all times, officials who are deciding the child custody issues will consider many factors, but will always remain focused on the best interests of the children.
In most cases, the first step in resolving child custody cases in Delaware County is filing a Complaint for Custody at the Office of Judicial Support. This applies to anyone seeking custody, partial custody and/or visitation.
The complaint must include a proposed order, an Entry of Appearance form, and a Criminal Record/Abuse History Verification form. The District Court Administrator's Office will process the forms and will then schedule a hearing with a Master. The District Court Administrator's Office will forward emergency custody petitions to a judge.
A Parent Coordinator may also be assigned to the case. The parties might agree to have one, or the court might decide that one is necessary.
The Board of Judges will appoint a Custody Conciliator to the case and will schedule a conference with the Conciliator that will take place before the case is assigned to a judge. Anyone who doesn't attend the conference risks being sanctioned.
At the conference with the Conciliator, you'll have an opportunity to present your side of the case. The Conciliator will make recommendations regarding legal and physical custody of the children and any other relevant issues.
If the parties agree to a custody order during the conference, the Custody Conciliator will present the proposed order, along with their recommendation, to the court. If the parties don't reach a custody agreement during the conference, the case might be referred to the court for a hearing on the merits.
Resolving child custody cases in Delaware County requires following many complicated rules and procedures. Mistakes such as filing the wrong form or missing a deadline can adversely affect the outcome of your case. The LLF Law Firm's Family Law Team has years of experience helping clients in Delaware County and throughout Pennsylvania successfully navigate the child custody process. We know the ins and outs of the Delaware County system and can help you achieve the best possible outcome for you and your children.
What if I Disagree With the Terms of a Child Custody Order in Delaware County?
If you disagree with or are dissatisfied with the final custody order, you still must abide by the terms of the order. If your case went to trial, you may be able to file a motion for reconsideration of the result or file an appeal. These courses of action have strict timelines and deadlines and require proper filings.
You can also seek to modify the order by filing a Petition for Modification in the same way you would file a custody complaint. The court will modify the order only if it determines that it's in the best interests of the child or children to do so.
The experienced attorneys on the LLF Law Firm's Family Law Team can help you determine the best course of action in your case if you disagree with your custody order or if a party to your case is seeking to overturn or modify your custody order.
What Happens if My Ex Violates the Child Custody Order in Delaware County?
In Delaware County, violating a child custody order is a serious matter. Anyone who violates child custody in Delaware County faces the possibility of paying a hefty fine and going to jail. If your ex violates your custody order, you can seek to hold them in contempt of court. To do this, you need to file a Petition for Contempt with the Court Common Pleas. If your ex fails to appear for the contempt hearing, the court can issue a warrant for their arrest.
The LLF Law Firm's Family Law Team can help you If your ex has violated your Delaware County child custody order. We'll assess your case and work with you to figure out the best course of action.
What if I Want to Change the Terms of a Custody Order in Delaware County?
In some circumstances, it may be possible to revise or modify your Delaware County child custody order. You can do this by filing a Petition for Modification with the court, in which you have to state the modification you're seeking and the reasons why you're seeking it.
Keep in mind that when considering whether to modify your custody order, the court will focus on the best interests of your child or children. The court won't consider what's best or most convenient for you. This is true even if both parents or all parties to the case agree to the proposed modification.
When the court receives a Petition for Modification of a custody order, the judge will hold a hearing and decide whether to grant or deny the request. The judge can also make other changes to the child custody order if the court determines that it's in the child's best interests to do so.
If you want to change the terms of your Delaware County child custody order, or dispute a party's request to modify the order, contact the experienced attorneys on the LLF Law Firm's Family Law Team for help.
How the LLF Law Firm Can Help You With Custody Issues in Delaware County
The LLF Law Firm's Family Law Team has years of experience helping clients with child custody issues in Delaware County and throughout Pennsylvania. No matter what child custody issue you're facing, our knowledgeable attorneys will fight to protect your rights and work with you to achieve the best possible outcome for you and your children.
If you're facing a child custody issue in Delaware County, reach out to the LLF Law Firm's Family Law Team today at 888.535.3686, or contact us online to set up a consultation with an experienced member of our team.
