Negotiating child custody can be among the most stressful and personally wrenching legal issues anyone faces. Even in the best of circumstances, when both parents are focused on what is best for the child, the new arrangement means that each parent will have less time with their child and may not be with them during important milestones some holidays, or at gatherings with the extended family. In all cases, a family court judge must review and approve the child custody agreement the parents or guardians reach; in some cases, the judge changes the custody terms. In Somerset County, Pennsylvania, family law matters, including child custody, are heard by the Judges of the Court of Common Pleas, 16th Judicial District, in Somerset.
The LLF Law Firm Family Law Team has the experienced, compassionate attorneys you need for the legal outcome you desire. Call the LLF Law Firm today at 888.535.3686 or contact us online about your child custody issues in Somerset County.
Where Are Child Custody Cases Heard in Somerset County?
In Somerset County, legal issues regarding child custody are handled in the Court of Common Pleas, 16th Judicial District, which is part of the Somerset County Courts system within the Pennsylvania Unified Judicial System. The Somerset County Courthouse is located at 111 East Union Street in Somerset. The Court of Common Pleas handles other family law matters, including visitation rights, child support, divorce, adoptions, termination of parental rights proceedings, and guardianship proceedings.
There are two judges at the Somerset County Court of Common Pleas, including a president judge who also has administrative and supervisory duties over all departments and functions of the Court.
What Are the Different Types of Child Custody?
In every case where custody of a child is being considered, determinations are made regarding physical custody—regarding day-to-day care of the child and where they reside—and legal custody—regarding the right to make decisions about the child's care and upbringing. For both physical and legal custody, there is a spectrum of the level of control each parent may have.
Physical Custody
The day-to-day elements of physical custody include necessities such as food, clothing, and shelter, as well as responsibility for ensuring the child gets to and from school, activities such as sports and music lessons, play dates, and appointments with doctors, dentists, therapists, etc.
Legal Custody
Elements of legal custody include decisions about the child's care and upbringing. This may include what religion the child will practice, what school they will attend, and what types of medical, dental, and psychiatric care they will receive.
What Are the Levels of Custody?
Shared Custody
When parents share legal and physical custody of a child, they are both involved in the day-to-day care of the child (physical custody) and collaborate on decisions regarding the child's care and upbringing (legal custody). County courts throughout Pennsylvania, including Somerset County Court of Common Pleas, prefer to award shared, or joint, legal and physical custody whenever possible because a child does better if both parents are involved in their life. Unfortunately, in some cases, this is not possible or is not in the best interest of the child, and other custody agreements result.
Sole Custody
There are two variations: one parent may have both sole legal and physical custody of the child, or one parent may have sole legal custody of the child and shared physical custody.
Primary Physical Custody
A parent who has the child with them for more than 50% of the overnight stays each week or month; the other parent has partial physical custody. For example, parents may agree on an arrangement where the child has nine overnight stays with one parent and five with the other in each two-week period.
Partial Physical Custody
A parent with partial physical custody has the child with them for less than 50% of the overnight stays each week or month.
Supervised Partial Physical Custody
If the court finds that there is a reasonable risk that one of the parents may abuse the child, they may allow that parent to have physical custody of the child only under the supervision of a qualified adult or a professional such as a social worker or counselor.
What Are the Requirements to Be Able to Seek Custody of a Child in Somerset County?
Administrative Requirements – Petitioners for custody must file the required custody forms at the Somerset County Court of Common Pleas, pay any required filing fees, and follow the rules of the court and the Pennsylvania Rules of Civil Procedure.
Requirements Regarding the Petitioner and the Child – There are exceptions in emergency situations, but in general, the child must have resided in Pennsylvania for six months prior to filing for custody. The petitioner must have legal standing, i.e., be a parent or legal guardian or someone who has acted as a parent for the child or is willing to do so, for example, a grandparent.
What Is the Procedure Used to Resolve Child Custody Cases in Somerset County?
To initiate action in a child custody case in Somerset County, one parent or guardian files one of these three forms with the Family Court Intake Unit at Somerset County Court of Common Pleas:
- Complaint for Custody – the standard form and the one used in most cases.
- Petition for Emergency Relief – used if the child's health, safety, or welfare is in immediate danger; the court usually reviews and rules on this form within a day of filing.
- Petition for Expedited Relief – used when custody issues need to be decided quickly, but the child is not in immediate danger; the court usually reviews and rules on it more quickly than on a standard Complaint for Custody.
When a Complaint for Custody is filed, the court assigns the case to a custody hearing officer for a conference and notifies both parties of the date and time of the conference and the Family Courtroom it is scheduled in. At the conference, the two parties attempt to negotiate an agreement on child custody terms with the help of the custody hearing officer. If they are successful, the judge reviews the terms and makes any changes needed to ensure they are in the best interests of the child.
If the two parties cannot agree, the court will schedule a hearing, either before the judge or the custody hearing officer, where each side presents witnesses and documents as evidence supporting their child custody position. The judge drafts a custody agreement for any hearing they preside over, and they review the recommended custody order the custody hearing officer submits for any hearing they preside over. In all cases, the judge issues a formal child custody order.
The LLF Law Firm Family Law Team has helped clients in Somerset County and throughout Pennsylvania resolve child custody issues. They can help you decide on the best way to proceed with your child custody case to protect your rights and negotiate an order that is in your child's best interests.
What if I Disagree with the Terms of a Child Custody Order in Somerset County?
The process for disputing a child custody order depends on whether it is the recommended child custody order submitted by the custody hearing officer to the judge or a formal child custody order issued by the judge.
Disputing a Child Custody Order Proposed By the Custody Hearing Officer
Either party has twenty days after the custody hearing officer issues a recommended child custody order to file exceptions, which must indicate the problems with the hearing officer's recommendations. The judge holds a hearing on the exceptions where each party in the custody case argues for or against the hearing officer's recommended child custody order. The judge then makes a ruling and issues the final child custody order.
Disputing a Child Custody Order Issued By the Judge
A party who is unhappy with a formal custody order issued by the judge may file a Petition for Modification of Custody Order with the Prothonotary's Office in the Somerset County Court of Common Pleas. The petition must state the reasons the order should be modified and explain why doing so would be in the best interests of the child. The petitioner must also submit a completed Criminal Record/Abuse History Verification form.
What Happens if My Ex Violates the Child Custody Order in Somerset County?
Violating a court order, such as a child custody order in Somerset County is a serious matter. Violating a child custody order includes actions such as preventing or denying visitation by the other parent or guardian or interfering with communication between the child and the other parent or guardian. If the other parent or guardian of your child violates the child custody order in your case, they may be found in contempt of court, and may face penalties including fines, up to six months in jail, probation, orders to pay legal fees, and even loss of driving privileges.
To trigger action by the court when a party has violated the child custody order, the other party should file a motion to enforce the custody order with the Somerset County Court of Common Pleas. The non-violating parent may also consider whether to petition the court to revise the child custody order.
What if I Want to Change the Terms of a Custody Order in Somerset County?
Especially in cases when the parents get divorced when the children are young, it is not uncommon for one or both to want to change the child custody agreement at some point. As the years pass until each child reaches age eighteen, circumstances such as the job each parent has or their work schedule or the schedule of a child may change. While it may seem more convenient for the parents to reach an informal agreement regarding changes in custody, it is important to capture the agreement officially by modifying the existing custody order; otherwise, you and your former spouse would be in violation of a court order, which could result in charges of contempt of court. This also ensures a legal paper trail in case any disputes arise between you and your former spouse.
The Family Law Team at the LLF Law Firm can advise you on the best process in your case for securing a modified child custody order in Somerset County. Options for beginning the process may include collaborating with your former spouse on drafting a description of the necessary changes or working with a mediator if there is disagreement about the details. Once you have agreement on the changes, it is time to file a motion to modify custody at the Somerset County Court. The Family Law Team at the LLF Law Firm can guide you through this process.
If the child's health or safety is in danger because of the existing custody arrangements, it is especially important to have the guidance of an experienced family law attorney to organize the strong evidence required to file for an emergency custody order.
How the LLF Law Firm Can Help You With Custody Issues in Somerset County
The Family Law Team at the LLF Law Firm has years of experience helping parents throughout Somerset County with child custody issues, and we can help you. Divorce can be a painful, disruptive process, especially in matters regarding your children, but we will use our experience and knowledge to make it go as smoothly as possible. We will always work to ensure child custody agreements that are in the best interest of your child and help foster your strong bond with them.
If you are in Somerset County and need guidance on child custody issues, contact the LLF Law Firm Family Law Team today at 888.535.3686, or by using our contact form to set up a confidential consultation.