Child Custody in Indiana County

A divorce or separation can be an emotionally fraught experience under any circumstances. The experience can be particularly stressful if you have kids with your ex. Disputes may arise if you can't agree on who should get custody.

Are you currently experiencing this in Indiana County, Pennsylvania? You need effective legal help if so.

That's exactly what we offer at the LLF Law Firm. The attorneys with our Family Law Team have the experience necessary to help you fight for your rights and the rights of your child during what could be a contentious custody proceeding. Find out more about what we can do for you by submitting your information through our online contact form or calling our offices at 888-535-3686 today.

Where Are Child Custody Issues Heard in Indiana County, PA?

The Indiana County Court of Common Pleas typically handles child custody cases in the area. It's located at 825 Philadelphia Street, Indiana, PA 15701.

This is the court through which you may file a child custody complaint. Additionally, if a judge or hearing officer needs to make a decision regarding your child custody case, the proceedings may occur in one of the courtrooms at this location.

What Are the Different Types of Child Custody in Pennsylvania?

Pennsylvania law recognizes two forms of child custody: legal custody and physical custody. The following overview covers the basic differences between the two:

  • Legal custody: A parent who has legal custody over a child has the right to make key decisions about the child's upbringing. This can include making decisions about a child's schooling, religious instruction, medical care, and other such matters.
  • Physical custody: A parent has physical custody of a child when the child is in their actual physical possession or control. If a parent has physical custody, the child will live with them, and they will be responsible for providing the child with adequate food, shelter, etc.

Custody arrangements can come in multiple forms. For example, a shared custody arrangement may involve both parents having physical custody, legal custody, or both. One parent may have primary physical custody, while the other parent only has visitation rights.

What Are the Requirements for Seeking Custody of a Child in Indiana County?

You must file a Complaint for Custody form to seek custody of a child in Indiana County, PA. You will need to provide information about various factors when completing the form, such as the identity of the child and where they have lived (and who they have lived with) in recent years.

Usually, someone with an established parental relationship with a child will file for custody. Naturally, this includes a child's actual parents, but it can also include grandparents. In other cases, it may include close family members or family friends who've cared for the child in the same capacity a parent would.

Sometimes, a person filing for custody may believe a child is in danger in their current situation. They may file a Petition for Emergency Custody if so.

What is the Procedure Used to Resolve Child Custody Cases in Indiana County?

Resolving a child custody case in Indiana County involves a three-step process. The steps are as follows:

  • Initial Custody Conference: The Initial Custody Conference usually occurs about 30 to 45 days after someone has filed a Complaint for Custody. During the conference, the parties involved, along with their attorneys, meet and attempt to arrive at an agreement that satisfies all parties. Sometimes, it's possible to reach such an agreement at this early stage. If so, counsel will draft a custody order for the court to review and approve.
  • Mediation Conference: Either party must file a Motion for Mediation Conference if they're unable to arrive at a satisfactory agreement during an Initial Custody Conference. Parties must attend and complete a Children In Between Parent Education Course at the Indiana County Guidance Center before participating in a Mediation Conference. In addition, both parties (or their lawyers) may have to complete and file a Child Custody Mediation Questionnaire at least seven days prior to the conference date. During a Mediation Conference, a neutral third-party mediator coordinates with the parties and their attorneys in an effort to work through their differences and arrive at an agreement. Minor children over the age of 10 often have to participate in these conferences. As with an Initial Custody Conference, if an agreement is reached, a mediator will draft an order for a judge to review and, theoretically, sign.
  • Full hearing: It's not always possible to arrive at a custody agreement through mediation. In these circumstances, the mediator will refer a case to the court for a hearing.

Having legal assistance throughout all stages of the process is critical. First, you don't want to give up too much when negotiating an agreement, nor do you want to be too inflexible. Although your attorney can't and won't make important decisions for you, they can help you better understand when a proposed agreement is fair.

A lawyer can also help you better appreciate the pros and cons of different options as you work toward an agreement. For example, reaching an agreement during an Initial Custody Conference or Mediation Conference is often ideal, as you'll have less power over a case's outcome if a judge or hearing officer makes the final decision. However, there are instances when the other party is being stubborn, and allowing a court to decide is the best option.

You don't have to navigate these matters alone. Our attorneys with the LLF Law Firm Family Law Team are on hand to help you every step of the way.

What if I Disagree with the Terms of a Child Custody Order in Indiana County?

If a court renders a decision in your child custody case, you will receive documents stating the decision. It's important to review these documents carefully. They will outline your rights and responsibilities per the court's child custody order.

The documentation you receive may also provide information about appealing the court's decision if you disagree with any or all of it. If the documentation doesn't provide this information, you can request it from the court.

Don't delay if you plan on appealing the decision. Although the process can vary from county to county, you often have about 30 days to take action in these circumstances. Our lawyers at the LLF Law Firm Family Law Team can help you avoid missing any critical deadlines.

What Happens if My Ex Violates the Child Custody Order in Indiana County?

A custody order is an official court order. Violating such an order can have significant consequences. These may range from fines to imprisonment.

There are various ways your ex may violate a custody order. Some are more overt than others. Consider the following examples:

  • Your ex relocates with your child without your permission or the court's permission.
  • Your ex doesn't honor your visitation rights, or tries to interfere during visitation time. On the other hand, if they have visitation rights, they may refuse to return your child promptly when visitation ends.
  • Your ex tries to interfere with decisions you're supposed to be making. For instance, if you have legal custody, you have the right to make decisions about your child's education. Your ex may violate a custody order if they attempt to undermine your decisions or make these decisions independently of you.

It's not always clear when the actions of a parent constitute a violation of a custody order. Our lawyers with the LLF Law Firm Family Law Team would be happy to discuss this topic with you in greater detail if you have questions specific to your case.

If you believe your ex has violated the terms of a custody order, you can file a Petition For Civil Contempt for Disobedience of Custody Order form. The LLF Law Firm Family Law Team can help you present evidence showing your ex is in violation of an official order. On the other hand, we can also provide a strong defense if your ex has accused you of such a violation.

What if I Want to Change the Terms of a Custody Order in Indiana County?

There are various reasons a parent may have for modifying an existing custody order in Indiana County. Potential examples include:

  • Moving: An initial custody order or agreement may have been reached based on the understanding that both parents would be living relatively close to one another. If one parent plans on moving, it may be necessary to modify a custody order accordingly.
  • Job changes: Changes in career or income can affect a parent's ability to care for a child. If a parent loses a job, they may not be able to provide for a child's needs in the same capacity they previously could. On the other hand, maybe a parent gets a better-paying job and is thus more qualified to handle the responsibilities of custody. Both of these are reasons to consider modifying a child custody order.
  • Changes in a child's preferences: A court may account for the stated preferences of a child if they're mature enough to consider the pros and cons of different living situations. If a child's preferences change as they age and develop, it might be appropriate to modify an existing custody order.
  • Change in a child's needs: The goal of a family court is always to ensure the best interests of a child are being prioritized. However, it's important to consider how the needs of a child may change after a custody order is made official. For example, a child may develop a health condition that renders one parent better-equipped to care for them than another. Depending on the circumstances, this might justify modifying a child custody order.
  • Danger to a child: Ideally, a custody order will never put a child in a situation in which their safety is at risk. However, this can happen. Sometimes, a safe situation becomes an unsafe one. For instance, maybe a parent with custody of a child gets involved with a romantic partner who may expose a child to drugs, violence, or other such factors. The other parent might ask the court to modify a custody order to protect a child. Depending on the severity of the danger, they may also request emergency custody.

Those are just a few examples. If you're not sure whether the reason you have for wanting to modify a child custody order is a valid one, attorneys with the LLF Law Firm Family Law Team would be happy to answer your questions on the subject.

You must file a Petition for Modification of Custody Order if you wish to modify an order. Strongly consider enlisting the help of lawyers when doing so.

Sometimes, parents can both agree on the terms of a modification. Even in this scenario, it's wise to have help from attorneys. Our lawyers can ensure the proposed modification is fair to you and your child.

However, it's also very common for the other parent to oppose a modification. You may need help from our attorneys to show why a request for a modification should be granted.

The LLF Family Law Team can also help if your ex requests a modification that you disagree with. We'll help you establish why the existing custody order is ideal in its current state.

How the LLF Law Firm Can Help You With Custody Issues in Indiana County

Child custody cases are very complex in Indiana County. From a practical perspective, they may involve participating in hearings, filing paperwork, and completing various other tasks. Attorneys can assist with these duties.

A lawyer's help can also provide major peace of mind when you're fighting for custody of your children. At the LLF Law Firm, our Family Law Team will offer compassionate service while aggressively pursuing the ideal arrangement for you and your child. Learn more about what we can do for you by contacting us through our online form or calling us at 888-535-3686 to begin discussing your case.

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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