What one parent thinks is best for their child doesn't always align with what the other parent thinks is best. When parents aren't together, these types of disagreements can lead to custody disputes.
Even when parents have a good co-parenting relationship, they still need a formal custody agreement. These agreements can help prevent and minimize future disagreements and problems. They can also provide stability for both children and parents.
If and when a custody case ends up before a judge, the central question is what's in a child's best interests. Second to that is encouraging a child to have a relationship with both parents.
If your child lives in Greene County, the LLF Law Firm Family Law Team can help you with custody issues. We work with parents and families in Greene County and throughout Pennsylvania to reach custody agreements. Call us at 888-535-3686 or fill out our online form.
Where to File for Custody in Greene County?
In Pennsylvania, parents will file for custody in the county where their child resides if it differs from the county where they reside. Parents can file for custody even if they don't currently or have never lived with their child.
A child's county of residence is where a child has lived for at least six months. If parents are unsure of a child's county of residence, the LLF Law Firm Family Law Team can help parents determine where to file.
How Do I File for Custody in Greene County?
In Greene County, parents will file for custody at the Prothonotary of Greene County, located in Waynesburg. The office does have custody forms, but parents and their legal team are responsible for completing them.
Some examples of when parents or other adults should file for custody when:
- Parents have either divorced or split up
- They have evidence that a parent plans to take a child out of county or state permanently
- A parent often 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 require 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 beliefs about major life decisions concerning their child
- A parent is a danger to their child or unfit to care for their child
What Are the Steps in a Child Custody Case?
While there is a general process for custody cases, parents should keep in mind that each case can be unique. Moreover, parents can reach an agreement about custody at any point without having to continue with the process.
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
If a custody dispute reaches the hearing stage, it's the judge who decides on custody. Parents have little say once a case goes to a hearing.
This is one reason why parents should work with a legal team such as the LLF Law Firm Family Law Team. We can help you have a say in and control over the final custody agreement.
What Are the Types of Child Custody?
Custody has two components: physical and legal. As Pennsylvania puts a premium on children having a relationship with both parents, when possible, parents share physical and legal custody.
Parents who have joint or shared custody both have an active role in a child's life. When one parent has sole custody, that parent is responsible for keeping a child healthy and safe while also making decisions for the future.
Physical custody is about 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 recognizes the following types of physical custody:
- Shared physical custody
- Primary physical custody
- Partial physical custody
- Sole physical custody
Primary and partial means that one parent has 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 comparison, legal custody is about the choices that parents make when raising a child. Some of the topics that fall under legal custody include what religion to follow, what school to attend, and what medical advice to heed.
Pennsylvania recognizes the following types of legal custody:
- Shared legal custody
- Sole legal custody
Physical and legal custody don't have to be the same. For example, parents may split legal custody, but only one parent has physical custody. Or one parent may have primary physical custody while the parents have shared legal custody.
Supervised Physical Custody
Sometimes, parents aren't in a position to care for their children, but that doesn't mean they cannot see their child or spend time with their child. Supervised physical custody, often referred to as visitation, allows a parent to spend time with their child. A court-appointed third party will accompany the parent and child during these meetings.
What Factors Are Considered for Deciding Child Custody in Greene County?
What's in a child's best interests is the central question of any custody hearing. This can be difficult to pinpoint, especially when parents have drastically different ideas of what's best for their child.
Second to a child's best interests is fostering the parent-child relationship when possible. Parents who attempt to alienate the other parent from their child or otherwise poison the relationship are less likely to get favorable custody arrangements. Courts tend to side with parents that encourage – or at least don't interfere with – their child's relationship with the other parent.
Custody decisions focus on evidence and not parental preference or emotions. The goal is to get an idea of a child's current life and determine how to keep a child's life as stable as possible during the custody process.
Pennsylvania provides judges with a long list of factors that can be used when determining custody. Judges aren't required to consider all of the factors that Pennsylvania provides or even stick to the list. The purpose is to highlight how to get an idea of a child's life.
Factors that can influence child custody decisions:
- 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 Does Each Parent's Financial Situation Factor Into Custody Decisions?
A parent's income, their savings, and their overall financial portfolio are irrelevant to child custody decisions. Child support handles the finances. A parent's financial position has little, if any, relation to their ability to care for and make decisions for a child.
Emergency Orders
If a parent or other adult suspects or has evidence that a child is at imminent risk of harm, that parent or adult may file an "Emergency Petition for Special Relief." The goal is to get a hearing to remove a child from a dangerous situation and possibly change custody, even if temporary, and as soon as possible.
Grandparents and In Loco Parentis
If 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're in a position to 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 Greene County?
A new job, winning a coveted spot on a traveling soccer team: These are just two of the reasons why parents may need to adjust their custody agreement. Whenever necessary, parents can request a modification to their existing custody agreement.
Even when both parents agree with the change, they should still notarize it in a formal custody modification document. By updating a custody order, parents also have 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
Both parents and members of their households can have both a criminal record and custody of a child. This is the case even when a parent or other member of their household has a history of domestic abuse.
What courts will consider is whether a child's health and safety at risk. Even if a parent abused their child's other parent, that's not an automatic bar to custody.
If you or a member of your household has a criminal record, contact the LLF Law Firm Family Law Team.
Does Greene County Require a Parenting Plan as Part of a Custody Order?
No, but judges do have the discretion to require a parenting plan. Neither the state nor the county requires 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 Greene County?
When a parent violates 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.
If a parent or other adult believes a parent is a threat to a child's health or safety, however, they should consider filing an emergency custody order.
Don't Lie
Tempting as it might be to invent or exaggerate stories in hopes of getting a preferred custody arrangement, such plans can backfire.
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 Greene County?
Special relief is a short-term, temporary custody order. It's not mandatory, and judges have the discretion to decide when to grant special relief.
Other benefits of special relief:
- It limits parents' ability to take children out of state without permission
- It can provide both parents with physical and/or legal custody
Custody Versus Support
While similar and often intertwined custody and support are two different topics. Custody is about 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 aren't a consideration when awarding custody.
If you live in Greene County and need help with child custody or child support, the LLF Law Firm Family Law Team can help.
Protect Your Family
Custody disputes can be emotional, which is understandable. Parents want what's best for their children, and when parents disagree about what that means, it isn't easy to find a compromise. Custody discussions can start out well, and then parents can get stuck on a few key points.
In Greene County and throughout Pennsylvania, the LLF Law Firm Family Law Team helps parents and other adults in Elk County understand the child custody process. We focus on child-focused solutions and providing our clients with the support they require in order to make informed custody decisions. Call us at 888-535-3686 or fill out our online form.