Navigating the child custody process in Mifflin County can be laden with difficulties in outlining a schedule of parental duties, having the court recognize the child's best interests, and the tension and emotional pain inherent to the situation. Typically, parents think they can cope with dividing the responsibilities they have over their children—such as who will drive them to doctor's appointments or where they will go to school—without professional help. However, drafting a court-approved child custody order is more challenging than many grasp and requires top-tier comprehension of a few priorities:
- Compliance with Pennsylvania child welfare laws.
- How a Mifflin County judge will react to the proposed order.
- Procedures used to adjudicate the parents' wishes for their child
Ensuring the best outcome for your Mifflin County child custody case demands assistance from a local team that understands the above points and goes beyond with a personal touch and attention to detail throughout the process. The LLF Law Firm Family Law Team works with anyone in and around Mifflin County to mitigate the consequences of turbulent situations and support your and your child's best interests. Call us at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
Where Are Child Custody Cases Heard in Mifflin County?
All child custody cases in Mifflin County begin with a custody or divorce complaint. For county residents, all complaints are filed through and managed by the local Prothonotary's Office at 20 North Wayne Street in Lewistown at the Mifflin County Courthouse.
The Prothonotary's Office is where parents begin the custody process and where orders are petitioned, modified, or disputed. Typically, Pennsylvania's child custody matters are decided by a hearing officer or judge. In Mifflin County, parties seeking a custody order are first handled by a Custody Conference Officer.
What Are the Different Types of Child Custody?
Child custody isn't just the decision about with whom the children live. Nearly every aspect of a child's life and upbringing is contained in the legal order, such as school district or physician choices, transportation, and daily provisions.
Most seeking a child custody order will recognize the differences between primary and partial custody. However, the final order filed with the court will often include combinations of those defined as follows:
- Physical custody: Confirms responsibilities for daily living, such as providing housing, food, clothing, and transportation to school, medical appointments, and other activities. Physical custody can be sole, primary, shared, or partial, with or without supervision, and can be approved for one parent or both.
- Legal custody: Confirms responsibilities pertaining to significant, long-term decisions of child raising and overall care, such as attending a certain school, spiritual or religious upbringing, medical procedures, and others. Legal custody is either sole or joint.
Just because one party has legal custody doesn't mean they'll have physical custody of a child. In Mifflin County, the judge has the discretion to grant physical and legal custody and modify the particulars of each depending on the case presented. Nevertheless, it isn't only parents or former spouses who can seek custody orders. In certain situations, the following parties are also eligible to file a child custody case in Pennsylvania, such as:
- Individuals with legal adoption rights or those with a long-standing concern for the child's welfare when neither parent can be a caregiver.
- Grandparents who provided at least 12 months of care prior when the child is at risk of abuse or neglect.
- Guardians who have assumed parental responsibilities over a child.
In Pennsylvania, a judge must decide the case to ensure the best interests of the child before all else. While each case before the Mifflin County court is different, some factors include the child's current living environment, developmental and emotional needs, and the availability of extended family to provide childcare.
What if There Is an Emergency Child Custody Situation?
Unless simultaneously going through divorce proceedings, the first step in a child custody case in Mifflin County involves filing a Custody Complaint with the Prothonotary's Office. There is no telling the length of the process; however, some situations require immediate resolution.
When one party believes the child is in immediate danger or requires emergency relief, they may file a Petition to Intervene. The Mifflin County Custody Conference Officer or another court authority will conduct an ex parte hearing—meaning the one parent will not attend— within two business days of the petition.
The Custody Conference Officer will forward a report for review, determining whether ex parte relief is warranted. If the court agrees, a temporary order is given, and a hearing is scheduled within ten days of the temporary order, with the responding party serving notice as they would for the standard custody trial process to appear at the second hearing.
What Is the Procedure Used to Resolve Child Custody Cases in Mifflin County?
Parents, ex-spouses, and other parties seeking child custody orders are free to meet and discuss the aspects of an agreement before entering a courtroom. Although the Mifflin County court encourages parties to reach resolutions on their own, any arrangement must pass muster with a judge. All conditions must be complied with in a legally binding order to protect both parties and any children involved, and each party must have the opportunity for a hearing.
Upon receiving a custody complaint, the Prothonotary's Office will assign a Custody Conference Officer, who will set a date for an initial conference and file a scheduling order. For parties who have not met to discuss the particulars of a custody agreement, the conference should resolve the following:
- Specifics of legal custody and physical custody.
- Needs for counseling and other related services.
- Any related differences involving the child's interests.
Parties don't just rely on their discussions in front of the Custody Conference Officer. During the hearing, parties may submit other forms of documentation to support their side of the case, like medical or legal records, and have the chance for children to give statements. However, statements are not admissible as evidence in any custody hearing before the court in order to facilitate open exchanges between the parties.
If the parties reach an agreement during the initial conference resolving all issues raised, the Custody Conference Officer prepares an order forwarded to the court for review and filed with the Prothonotary's Office if it's approved. If unapproved or the parties cannot resolve their differences, the court schedules a custody trial date.
At the trial, each party has the chance to display evidence, including testimony from witnesses—such as family, friends, and neighbors. A judge may consider a myriad of factors in upholding the best interests of any children involved. Some common elements include but are not limited to the following:
- Previous abusive or negligent behavior toward the opposite, children, or others.
- Prior conflicts between the parties.
- Either party's support of contact between the children and the other party.
- The parental duties of each party and their level of cooperation during the custody process.
A majority of the trial will focus on the situation between the parents, ex-spouses, and others involved. However, as mentioned before, the scope of the trial must prioritize the children's best interests. Consequently, children will be asked to testify and answer questions, and the following factors are taken into consideration for custody orders:
- Age, maturity, and parental preference.
- Relationships between the child and siblings.
- Schoolwork load and academic progress, home environment, community connections and friends, and extracurricular activities.
When an order is filed with the Mifflin County Prothonotary's Office, it's enforced by law, and a breach of the terms will constitute a court violation. Despite either party's best efforts, there may be times when the judge's course of action may seem unacceptable. If disagreement exists, there are ways to appeal or amend custody constraints.
What if I Disagree with the Terms of a Child Custody Order in Mifflin County?
If a party in a child custody case disagrees with the final order, there are opportunities to appeal. Individuals may petition the Mifflin County Courthouse for the judge to reconsider the matter. Unless a procedural error occurred or bias existed during the process, it's unlikely for the judge to overturn the order.
Individuals may also appeal the decision through the Superior Court of Pennsylvania's Prothonotary's Office. Mifflin County residents must file with the Middle District's Harrisburg office at the Pennsylvania Judicial Center at 601 Commonwealth Avenue, Suite 1600.
What if I Want to Change the Terms of a Child Custody Order in Mifflin County?
To make alterations to a child custody order, parties must file a Petition for Modification with the Mifflin County Prothonotary's Office. The court will schedule a date and time for a trial to review the evidence and, if necessary, call for witness testimony. No matter how small the alteration is to the child's life or the custody schedule, it must be signed off by a judge. The process provides a thorough review of the reasons for the alteration and allows the judge to decide whether the proposed modifications are in the best interests of the children involved.
If children are involved in a potential relocation with one party, the process is different. When a change of residence will significantly weaken the non-relocating party's capacity to carry out custody schedule stipulations, the relocating party must fill out a Custody Relocation Packet and submit it at least 60 days before moving. The following are critical components for the judge's decision:
- Address of relocation, beginning date, and reason for the change in residence.
- Names and ages of those living at the new residence.
- Name of the new school district and school for the child to attend.
After a 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?
Those who violate a child custody order can face contempt of court charges. In Pennsylvania, an individual may be sanctioned through a fine not to exceed $500 and up to six months imprisonment. Custody violations are wide-ranging and can happen for seemingly minor reasons, such as:
- Failing to pick up a child from school activities on time.
- Failing to maintain a child's doctor's appointments.
- Failing to return the child after visitation at an agreed-upon time.
When the court receives a Petition for Contempt of Custody Order, a date and time for a hearing will be scheduled, and a notice will be sent to both parties. The court will review any relevant evidence and testimony to understand the breaches of the custody schedule. If it cannot be resolved, the judge may alter the order.
How the LLF Law Firm Can Help You With Child Custody Issues in Mifflin County
Parents in the middle of the child custody process may not see the risks of handling the process alone. Mifflin County's legal proceedings are intricate, and creating, amending, or appealing custody orders can quickly take an emotional toll that can affect either party's judgment. Regardless of whether parents believe they are working for their child's best interests, professional assistance is required to ensure compliance with orders and guarantee due process for all involved.
The LLF Law Firm stands prepared with years of experience helping parents with child custody matters in Mifflin County. We will assist you in the following crucial ways:
- Developing child custody schedules: Our team will assist you in designing a custody agreement that's acceptable to you and, most importantly, the Mifflin County judge.
- Disputing or amending custody orders: We will advise you on modifications to existing orders and defending your schedule wishes when the other party requests a change.
- Managing custody order violations: The LLF Law Firm will mitigate your vulnerabilities to violations and ensure other parties follow the stipulations in the final order.
Our team of dedicated attorneys is a valuable investment and will support and advocate your position in a child custody order, defend your rights as a parent, and preserve your child's best interests. Call the LLF Law Firm Family Law Team at 888-535-3686 or submit a confidential consultation form, and we will contact you.
