When you begin the child custody process in Jefferson County, Pennsylvania, you must be as prepared as possible. However, many things can make planning a challenge. Child custody cases often arise from highly emotional situations like divorces or carry baggage from other personal or familial conflicts. Despite contention, parents and ex-spouses must negotiate caretaking responsibilities for children.
Since all provisions of a child's daily and long-term care must be outlined in an official child custody schedule signed by a judge, creating approved orders is more complicated and intricate than it seems. Even the most minor breach of an agreement can lead to significant fines and even jail time, so you need a professional to walk you through the process and safeguard your and your child's rights and well-being.
The LLF Law Firm Family Law Team is well-known in Jefferson County for its extensive knowledge and empathetic handling of child custody cases. Our team provides invaluable support to families across Pennsylvania by protecting your and your child's rights with robust representation. Call us at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
The LLF Law Firm Family Law Team is dedicated to the best outcome for your Jefferson County child custody case. You require support from a local team that understands the following key points in every child custody case:
- The different types of child custody.
- Court procedures used to verify agreements between parents or ex-spouses.
- How the judge will react to the proposed order.
Where Are Child Custody Cases Heard in Jefferson County?
In Jefferson County, child custody cases normally evolve out of divorce proceedings. However, a Complaint for Custody filed with the local Prothonotary's Office at 200 Main Street in Brookville will kick off the process. The location—the Jefferson County Courthouse—is also where individuals may petition for other issues involving child custody, such as alleged violations by the other party, changes to the final custody order, and appeals.
It's important to note that it isn't just biological parents that may seek child custody orders. Along with ex-spouses, the following individuals are legally eligible:
- Individuals with adoption rights.
- Individuals with long-standing concerns for the child when neither parent may render sufficient care.
- Grandparents who provided at least 12 months of prior care when the child is at risk of harm.
- Guardians already exercising parental responsibilities over the child.
If you have not filed a petition and another party has, the Prothonotary's Office will send you a notice. Although parties are free to communicate with others, including authorities with the court system, to advance their case, it's optimal to retain our legal team.
What Are the Different Types of Child Custody?
One of the most critical components for parents or ex-spouses engaging in the custody process is learning the differences between legal custody and physical custody. When the judge in Jefferson County signs off on the proposed agreement, the final order will likely include combinations of both depending on the situation between the parents, ex-spouses, or others. The provisions of each are defined as follows:
- Legal custody: Either sole or joint, legal custody outlines the long-term responsibilities of the child's upbringing, such as school attendance, involvement in spiritual or religious services, medical care used, and others.
- Physical custody: Approved to a sole parent, jointly, or partially (which may include supervision), physical custody defines daily decision-making and responsibilities like housing, food, clothing, and transportation.
Parties pursuing a custody order are free to decide how they may allocate childcare duties, but any agreement must align with state law. The Jefferson County judge has the ultimate discretion to determine if the proposed order is in the best interests of any children involved. Some common aspects of a child's life the judge will examine are the following:
- Current living situation, including previous conflict between the child and parent.
- Developmental or emotional needs.
- Potentials for relocation.
- Availability of either party's extended family to provide care.
Although parties can later present arguments to the judge to influence their decision for their preferred custody schedule, sometimes a child may be at risk for abuse or neglect. Fortunately, Jefferson County has emergency protocols to render a decision quickly.
What if There Is an Emergency Child Custody Situation?
When an individual seeking a child custody order believes the child requires emergency aid, they may file a Petition for Special or Emergency Relief. The Jefferson County court conducts an ex parte hearing within two business days of receiving the petition.
At the hearing, which only includes the petitioning party, the judge reviews the immediate factors and any evidence to support the claims to determine whether the situation warrants emergency aid, such as granting one party sole custody. If the court accepts the petition, the judge issues a temporary order, schedules a hearing within ten days, and serves the other party a notice to appear at the second hearing, which may also be the beginning of regular child custody procedures.
What Is the Procedure Used to Resolve Child Custody Cases in Jefferson County?
As mentioned before, parties seeking custody orders can meet, discuss, and create an agreement that outlines what a custody schedule must include before entering the courtroom. However, arrangements are scrutinized by the presiding judge and often have a preliminary level of oversight.
When the Jefferson County Prothonotary's Office receives a custody complaint, it will assign a judge or Custody Conference Officer, who will set a date for an initial conference. The conference is primarily for parties who have not discussed the particulars of custody and will resolve the following:
- Which parties have legal custody or physical custody
- Needs for the child or parents, like counseling
- Conflicts regarding the child's best interests going forward
During the hearing, parties can use evidence to support their side of the case. Medical records, previous legal filings, and other documents may influence the custody schedule if applicable. For example, if one party normally attends a child's doctor's appointments, the final order may grant that party physical custody based on that. Children may also provide statements during the conference. Still, they are not used as evidence in current or later proceedings and are only used to assist in amicable exchanges between the parties.
If an agreement is reached during the conference, the court prepares a final order to send to a judge, which is then filed with the Prothonotary's Office. If conflict remains, the court schedules a child custody trial date.
The trial will focus on solving disagreements between the parties, but the judge will prioritize the children's best interests. Some of the more common factors taken into consideration are the following:
- The child's age, level of maturity, and parental preference.
- Relationships between the child and any siblings.
- The child's progress at school, social life, and extracurricular activities.
When the judge determines what is in the child's best interest, they may alter any previous informal agreement and have the parties discuss it in court. At the end of the trial, the goal is to have a final order filed with the Jefferson County Prothonotary's Office. Final orders are enforced by Pennsylvania law, meaning any breach of terms constitutes a violation. Fortunately, there are ways to appeal or amend custody schedules.
What if I Disagree with the Terms of a Child Custody Order in Jefferson County?
If you or the other party disagree with the judge's final order, there are mechanisms of appeal. Petitioners must explain why they believe the order should be amended or overturned in their submissions to the Jefferson County Prothonotary so that the judge can re-evaluate their decision. Unless there is an instance of bias toward one party or the judge committed procedural errors, the appeal is unlikely to be successful.
Nevertheless, individuals may also appeal the decision through the Superior Court of Pennsylvania's Prothonotary Office. Jefferson County residents must file with the Western District's Pittsburgh office at 310 Grant Street, Suite 600 of the Grant Building.
What if I Want to Change the Terms of a Child Custody Order in Jefferson County?
Regardless of how small or seemingly inconsequential a change to the custody schedule may be, a judge must sign off to prove whether the proposed alterations are in the child's best interests. Parties must file a Petition for Modification with the Jefferson County Prothonotary's Office, which then schedules a hearing.
The process is slightly different if one party seeks to change the custody order because they are moving. When a party's change of residence will significantly weaken the other party's capacity to adhere to the custody schedule, the relocating party must fill out a Custody Relocation Packet at least 60 days before moving. The judge will consider the following factors in their decision:
- Address of relocation, starting date, and reasons why.
- Names and ages of anyone living at the residence.
- Name of the new school district and school for the child to attend.
After the hearing, if the judge validates the above reasons, an amended custody schedule is sent to the Prothonotary's Office. If the judge denies the party's relocation petition, an appeal may be submitted within 30 days.
What Happens If My Former Spouse Violates the Child Custody Order?
Once a judge signs a final order, all parties listed in the custody schedule are subject to legal constraints. If breaches occur, violators are held accountable and will face contempt of court charges. In Pennsylvania, individuals may be fined no more than $500 and up to six months in jail.
Custody violations can happen for a number of reasons. Consequences can still happen even when a breach of terms is minor, such as the following:
- Consistently arriving late to pick up the child or not being on time for visitation.
- Speaking negatively about the other party to the child.
- Not informing the other party of the child's needs.
- Failure to comply with specific instructions about the child's educational or extracurricular needs.
- Taking the child somewhere without the other party's knowledge.
In the event of an alleged violation, parties may file a Petition for Contempt of Custody Order with the Jefferson County Prothonotary's Office. The court will set a date and time for a hearing and send a notice to both parties. At the hearing, the judge will review evidence and testimony to understand the alleged custody breaches. Apart from the consequences of contempt, the judge may alter the order to mitigate future violations.
How the LLF Law Firm Can Help You With Child Custody Issues in Jefferson County
Parents navigating the child custody process can easily underestimate the risks of managing it without professional help. Creating custody schedules is an arduous undertaking that requires immense attention to detail and a thorough knowledge of Jefferson County's legal system. Even if parents feel they are acting in their child's best interests, it is essential to seek professional guidance to ensure adherence to legal obligations.
The LLF Law Firm is a team you can trust during an often-emotional process. Our team has years of experience assisting parents and others in creating, managing, and modifying custody schedules in Jefferson County. By retaining us, we can provide valuable support in the following ways:
- Creating child custody schedules: Designing child custody agreements that are satisfactory to both parties and the judge is imperative. Let us do the tedious work of petitioning the court system for your preferred schedule.
- Dispute or amend custody orders: We will advise you on how to seek modifications to existing orders when issues arise. Moreover, our team will defend your stance when the other party requests a change.
- Managing custody order violations: The LLF Law Firm will ensure you are informed of all provisions detailed in the final order to avoid violations. We will also work to make sure other parties remain compliant.
Our team of dedicated attorneys is a worthwhile investment to advocate for the best outcome for you and your child in a custody order. Before you decide to begin the process alone, understand the risk associated and how professional legal assistance is just one phone call or click away. Call the LLF Law Firm Family Law Team at 888-535-3686 or submit a confidential consultation form, and we will contact you.
