The Perry County, Pennsylvania, child custody process is often fraught with highly emotional situations like divorce or other forms of family strife. While parents and ex-spouses attempt to outline an official schedule of responsibilities for taking care of children, they must also ensure that agreements align with state law and are signed off by a judge. Creating a court-approved custody order is far more complex than selecting which parent will take children to school or in what area they will live. Without professional legal assistance, the process can take months or even years to complete. If you're not aware of the minute details of the schedule, you could be at risk of committing violations.
Ensuring the best outcome for your Perry County child custody case demands support from a local team that understands the following priorities in every child custody case:
- Differences between physical custody and legal custody.
- Court procedures used to resolve conflict between parents or ex-spouses.
- How the state seeks the best interests of the children involved.
- How a Perry County judge will react to the proposed order.
The LLF Law Firm Family Law Team is well-known for its care and attention to detail in Perry County child custody cases. Our team helps families across Pennsylvania mitigate courtroom risk by providing robust representation. We are dedicated to supporting you 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 Perry County?
Child custody cases begin with divorce proceedings or with a custody complaint to the local Prothonotary's Office. The office is located in New Bloomfield at 2 East Main Street at the Perry County Courthouse and also handles petitions or appeals to change or dispute orders.
Critically, parents and ex-spouses aren't the only parties that may pursue child custody orders. The following are also eligible to file custody cases in Pennsylvania:
- Individuals holding legal adoption rights or with long-standing concerns for the child's welfare when neither parent can be a caregiver.
- Grandparents who provided at least 12 months of prior care when the child is at risk of harm.
- Guardians with parental responsibilities over a child.
The nature of custody includes nearly all aspects of childcare—not just with whom the child will live. Yet, there are different types.
What Are the Different Types of Child Custody?
Apart from common tenets like partial and full custody, one of the most significant parts of a child custody order is the difference between physical and legal custody. Final orders filed with the Perry County Courthouse can include combinations of both and are defined as follows:
- Legal custody: Long-term decision-making responsibilities of child raising and overall care, which includes school attendance, spiritual or religious upbringing, healthcare and medical procedures. Legal custody is either sole or joint.
- Physical custody: Decision-making duties for daily living, such as housing, food, clothing, and transportation. Physical custody may be approved for one parent or both and may be divided further into categories of sole, primary, shared, or partial custody, and in some cases, can include supervision.
Regardless of how parents, ex-spouses, and others decide to allocate childcare duties, a judge has the discretion to determine what exactly is in the best interests of any children involved. While each child custody case is different, there are some common aspects the court will analyze to decide the child's appropriate care schedules, such as:
- The child's current living situation.
- Developmental or emotional needs of the child.
- Previous conflicts between the child and either parent.
- The availability of either party's extended family to provide supervision and care.
During proceedings, parties will have the opportunity to present a case to compel the judge to rule in favor of their preferred custody schedule. Nevertheless, there are protocols for immediate action.
What if There Is an Emergency Child Custody Situation?
There is no telling how long a child custody case may last. However, some situations require an immediate solution, such as when a child is alleged to be in danger or at risk of neglect.
When one party believes the child requires emergency aid, they may file a Petition for Special Relief. The court will conduct an ex parte hearing (without the other party) within two business days of receipt of the petition.
At the hearing, the judge reviews the immediate factors and determines whether emergency relief is warranted. 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 or begin the custody procedures.
What is the Procedure Used to Resolve Child Custody Cases in Perry County?
Parties seeking child custody orders—parents, ex-spouses, and others interested in taking on childcare duties—can meet and discuss the particulars of a custody schedule or agreement before standing before a judge. In fact, Perry County encourages it. However, any arrangement or alteration in a child's care must pass a judge's scrutiny.
Once the 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. For parties who have not discussed a custody agreement at all, the goal of the conference is to resolve the following:
- Who has legal custody or physical custody or establishing a combination of both.
- Needs for the child or parents, such as counseling or other related services.
- Disputes germane to supporting the child's best interests.
During the hearing, parties can use evidence to support their side of the case, like medical or legal records, that may hold weight over the custody schedule. For instance, if one parent has been attending a child's ongoing doctor's appointments for a medical situation, the judge may decide that a parent should be granted custody based on that priority, along with others. Children will also likely give statements to the judge. However, statements are inadmissible as evidence during a conference and used only to facilitate open exchanges between the parties.
If the parties reach an agreement during the initial conference resolving all issues raised, the court prepares an order and files it with the Prothonotary's Office. If not, the court schedules a custody trial date.
At the custody trial, each party will again work to convince the judge of their preferred schedule and can submit evidence, including testimony from witnesses. Most of the trial will focus on the current situation between the parties involved. As mentioned before, however, the judge will prioritize the children's best interests. Therefore, children will be asked to answer questions and give their account of life with both parties, and the following factors are taken into consideration:
- Age, maturity, and parental preference.
- Relationships between the child and siblings.
- Academic progress, home environment, social life, community connections, and extracurricular activities.
When an order is filed with the Perry County Prothonotary's Office, it is enforceable by law, and any diversion will constitute a breach of terms. Yet, there may be times when the judge's decision for the best interests of children may seem unacceptable. Fortunately, there are ways to appeal or amend custody schedules.
What if I Disagree with the Terms of a Child Custody Order in Perry County?
If one party disagrees with the final order, there are opportunities to appeal. Individuals may petition the Perry County Prothonotary for a judge to re-evaluate the case. Petitioners must explain why they believe the order should be amended or overturned in their submissions. Unless the previous judge held a bias toward one party or committed a procedural error, it's unlikely that the order will be reversed.
Individuals may also appeal the decision through the Superior Court of Pennsylvania's Prothonotary's Office. Perry 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 Perry County?
No matter how minor the alteration is to the custody schedule, it must be signed off by a judge to prove whether the proposed modifications are in the best interests of the children involved. Parties must file a Petition for Modification with the Perry County Prothonotary's Office. The court will schedule a date and time for a trial to review evidence and witness testimony, if applicable.
However, if one party is relocating, the process is slightly different. When a party's change of residence will significantly weaken the other party's capacity to abide by the custody schedule in the final order, the relocating party must fill out a Custody Relocation Packet at least 60 days before moving. The following factors will bear heavily on the judge's decision:
- The reason for the residence change.
- Address of relocation and starting date.
- Names and ages of those living at the new 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?
As explained above, legal constraints are placed on all parties involved once a judge issues a final order. Therefore, those who violate child custody orders are held accountable and will face contempt of court charges that can lead to a fine of no more than $500 and up to six months in jail.
Custody violations are wide-ranging and can be predicated on minor reasons, such as: and can happen for seemingly minor reasons, such as:
- Denying the other parent their scheduled visitation time, consistently arriving late, or not showing up for visitation.
- Going on vacation with the child without informing the other parent as required by the final order.
- Engaging in behavior that alienates the child from the other parent, such as speaking negatively about them or encouraging the child to refuse visitation.
- Not informing the other parent of significant changes in circumstances, such as changes in residence, the child's medical condition, or other needs that must be communicated.
- Failure to comply with specific instructions about the child's educational or extracurricular needs.
In the event of an alleged violation, parties may file a Petition for Contempt of Custody Order with the Perry 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 reviews relevant evidence and testimony to understand the alleged custody breaches and alter the order, if necessary, to support the child's best interests.
How the LLF Law Firm Can Help You With Child Custody Issues in Perry County
Parents navigating the child custody process might underestimate the dangers of managing it without professional help. Perry County's legal system is complex, and the tasks of creating, modifying, or challenging custody orders can become emotionally draining, potentially clouding one's judgment. 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 requirements and fair treatment for everyone involved.
The LLF Law Firm is ready to help you approach the child custody process in Perry County. With years of experience assisting parents to create and manage custody schedules, our team can provide beneficial support in the following ways:
- Creating child custody schedules: We are known for designing custody agreements that are acceptable to both parties and, critically, the Perry County judge.
- File disputes against or amending custody orders: Our team will advise you on how to seek modifications to existing orders and defend your optimal schedule when the other party requests a change.
- Managing custody order violations: We will ensure you are informed of the ins and outs of detailed final order to avoid violations and ensure other parties follow the stipulations without breach.
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.