Parents want what's best for their children, but when parents live separately and disagree, finding a common crowd isn't easy. Parents may disagree about whether a child attends church or which holidays a child spends with each parent.
In Pennsylvania, the general rule is that a child should have a relationship with both parents, but that's second to what's in a child's best interest. Sometimes, it's best for a child for one parent to have sole custody.
That parents have a good co-parenting relationship doesn't lessen the need for a formal custody agreement. Such agreements can potentially prevent future issues, and they also acknowledge that relationships can change. They also give parents a legal basis if the other parent does violate their agreement. Most importantly, these agreements can provide stability for children both now and in the future.
If your child lives in Elk County, the LLF Law Firm Family Law Team can help you with custody issues. We work with parents and families in Elk County and throughout Pennsylvania to find reach custody agreements. Call us at 888-535-3686 or fill out our online form.
Who Can File for Custody in Elk County?
When filing for custody, parents need to file in the county where the child resides. Pennsylvania doesn't require parents to either currently or ever have lived with a child to file for custody.
Pennsylvania defines a child's county of residence as where a child has lived for at least six months. If parents currently split custody or if a child's county of residence isn't clear, the LLF Law Firm Family Law Team can help parents determine where to file.
How Do I File for Custody in Elk County?
Elk County provides forms related to child custody. These cover initial custody filings to custody modification. Parents will need to submit the appropriate form to the county.
Parents - and, in some situations, other adults - should file for custody when:
- They have evidence that a parent wants to take a child out of county or state without return plans
- A parent frequently fails to drop off or pick up a child at agreed-upon times or locations
- Activities such as school enrollment, health insurance, or Social Security or welfare benefits requires legal proof
- One parent is interfering with or preventing a child's relationship with the other parent
- A parent wants to establish their right to care for the child and/or make legal decisions for the child
- When one parent ignores the other parent's wishes or believes regarding a child's major life decisions
- A parent is a danger to their child or is otherwise unfit to care for their child
Parents can have any number of reasons for filing for custody. In Elk County, parents can submit child custody documents to the Elk County Courthouse in Ridgway. The county, along with Cameron County, is part of the 59th Judicial District.
What Are the Steps in a Child Custody Case?
Each child custody case is unique, and parents can reach an agreement at any point in the process. Even if, for example, you have a court date, that doesn't mean you can't agree on custody before that point and avoid court.
In Pennsylvania, the general steps for a custody case are:
- Filing
- Preliminary conference
- Mediation
- Standard custody hearing before the Court of Common Pleas
- Expanded custody hearing
Parents should be aware that once a custody dispute reaches the hearing stage, it's the judge who decides on custody.
What Are the Types of Child Custody?
Parents will need to reach an agreement on both physical and legal custody. Pennsylvania encourages children to have a relationship with both parents, and this means that, when possible, parents share physical and legal custody.
When parents have joint or shared custody, they both have a role in a child's life. When one parent has sole custody, that parent has all of the responsibility for making decisions or ensuring a child is healthy and safe.
Physical custody involves caring for a child and protecting their health and well-being. This means providing food and shelter, supporting a child's routine, and getting them to school, appointments, and activities.
Pennsylvania has the following types of physical custody:
- Shared physical custody
- Primary physical custody
- Partial physical custody
- Sole physical custody
Primary and partial refers to one parent having a child for the majority of the time. The other parent still has physical custody, but less frequently than when parents have joint custody.
In contrast, legal custody is about the choices that parents make when raising a child. Some of the topics that fall under legal custody include religion, school, and medical decisions such as vaccination.
Pennsylvania has the following types of legal custody:
- Shared legal custody
- Sole legal custody
Parents should be aware that physical and legal custody doesn't have to be the same. For example, one parent takes a job in California, meaning the parent who resides in Pennsylvania now has primary physical custody. The parents, however, still share joint legal custody.
Supervised Physical Custody
Parents aren't always able to take custody of a child. Often referred to as visitation, supervised physical custody allows a parent and child to continue to spend time together. These meetings include a court-appointed third party accompanying the parent and child.
What Factors Are Considered for Deciding Child Custody in Elk County?
The most important question in any custody case is: What's in a child's best interests? What either parent thinks is best for a child is less relevant than what actually is in a child's best interests. This isn't always easy to determine, especially when parents have different ideas about what would be best for their child.
Another important consideration is allowing a child to have a relationship with each parent. Courts will consider if either parent is attempting to limit or hurt their child's relationship with the other parent. Custody decisions frequently favor parents who encourage or at least don't interfere with their child's relationship with the other parent.
Keep in mind that even if one parent is not currently able to assume custody of a child, this doesn't mean courts will prevent a parent and child from seeing each other. In these situations, parents can still have visitation.
Custody decisions focus on evidence. Pennsylvania provides a long list of factors that judges can consider when determining custody. The goal is to get a full picture of the child's current life. Minimizing disruption can be a consideration in custody.
Judges don't have to consider all of the factors that Pennsylvania provides. They can also consider other evidence.
Some of the factors that can influence custody:
- Each parent's current relationship with and involvement in a child's life
- A child's need for stability and continuity
- If either parent or a member of that parent's household has committed or has a history of abuse
- If yes, is a child's health or safety at risk because of that abuse?
- Whether a parent either has or will be able to provide an environment that meets a child's needs
- If a parent either has or will be able to support a child's daily needs
- If a parent can either care for a child or arrange for appropriate childcare
- A child's relationship with extended family
How Do Finances Factor Into Custody Decisions?
The short answer is they don't. Child support handles issues related to money. One parent having more money isn't considered for custody agreements and shouldn't influence decisions related to custody.
Emergency Orders
If there's an imminent risk to a child's health and safety, parents or other adults may file an "Emergency Petition for Special Relief." The goal of this document is to get a hearing ASAP to remove a child from a dangerous situation and possibly change custody, even if temporarily.
Grandparents and In Loco Parentis
When parents are dead or otherwise unable to care for a child, grandparents, aunts or uncles, or other adults can file for custody. When a non-parent wants to assume custody, they need to prove that:
- They can take responsibility for the child's care
- They have a sustained, substantial, and sincere interest in the child's well-being
Non-parent custody can be complicated to navigate. If you're a grandparent or other adult who wants to assume custody of a child, contact the LLF Law Firm Family Law Team.
Can I Modify An Existing Custody Order in Elk County?
Just as life changes, custody agreements may also require adjustment. Parents can request modifications to custody orders at any point. A parent changing jobs, a child changing schools, or one parent moving are three of the more common reasons for modifying custody.
Parents should still formally amend a custody order even when both parents agree with the custody modifications. Updating a custody order gives parents grounds for challenging violations of custody.
If you need to alter your custody agreement, the LLF Law Firm Family Law Team can help.
Custody, Abuse, and Crime
A criminal record isn't an automatic bar to custody. Parents, as well as members of their household, can have a criminal record without affecting custody. Custody. This is true even when a parent or other member of their household has a history of domestic abuse.
What courts will consider is whether a criminal record or history of domestic violence puts a child's health or safety at risk. A parent may still have custody even if they abused their child's other parent. This goes back to considering what's in a child's best interests.
If you, your spouse, or a member of either of your households has a criminal record, contact the LLF Law Firm Family Law Team.
Does Elk County Require a Parenting Plan as Part of a Custody Order?
Pennsylvania doesn't mandate parenting plans. Judges have the discretion to decide when parents and children would benefit from having a parenting plan. Even if not required by law, judges can require parents to complete a parenting plan.
What Happens When a Parent Violates a Custody Order in Elk County?
If one parent is violating a custody agreement, the other parent can file a Petition for Contempt of Court. The LLF Law Firm Family Law Team can help parents address these violations and plot a path forward.
In situations when a parent or other adult believes a parent is a threat to a child's health or safety, they should consider filing an emergency custody order.
Honesty Is the Best Policy
As a way to get a preferred custody arrangement, some parents may be tempted to lie or exaggerate to make the other parent look bad. Do not do this. These sorts of antics can backfire on a parent.
Instead, parents should tell the truth. They should submit evidence and focus on what's in their child's best interests. The LLF Law Firm Family Law Team helps our clients build evidence-based cases.
What Is Special Relief in Elk County?
Special relief is a short-term, temporary custody order. It's not required and can be used at a judge's discretion. The goal is to provide children with stability. Parents may be granted special relief at any point after they file for custody.
Other benefits of special relief:
It can limit parents' ability to take children out of state without permission
It can provide both parents with physical and/or legal custody
Custody Versus Support
Custody is about both the caring for a child's physical well being and making choices for their lives. In comparison, child support focuses on parents' finances.
Parents' financial positions don't matter when awarding custody. They do matter for child support.
If you live in Elk County and need help with child custody or child support, the LLF Law Firm Family Law Team can help.
Protect Your Child
Custody disputes can be stressful. They can start well and go downhill. Alternatively, contentious discussions can result in custody agreements that work for all involved parties and keep the children center stage.
The LLF Law Firm Family Law Team helps parents and other adults in Elk County and throughout Pennsylvania understand the child custody process. We focus on child-centered solutions and giving our clients the support they require in order to make informed custody decisions. Call us at 888-535-3686 or fill out our online form.