Sullivan County is a Pennsylvania county named after Senator Charles C. Sullivan. The county is at an elevation of 2,050 feet atop the Appalachian Plateau. It contains 478 square miles of beautiful countryside with farms, mountains, valleys, waterfalls, and state parks. The county's primary economies are timber, tourism, and semi-anthracite coal. The county seat is Laporte, and all custody cases are handled by court in the Sullivan County Court of Common Pleas.
Child custody issues in Pennsylvania often arise during a couple's legal separation and divorce. Decisions regarding custody can often be stressful for the entire family. Even in more amicable divorces, a formal custody order from a judge is needed to enforce a child custody agreement. If you or a family member are experiencing any child custody issues in Sullivan County, then the LLF Law Firm Family Law Team will help you face and resolve those issues and protect all your legal rights. Be sure to call our offices today at 888.535.3686 or contact us.
Where Child Custody Cases are Heard in Sullivan County
All custody matters are scheduled before judges and custody hearing officers of the Sullivan County Court of Common Pleas at the courthouse in Sullivan County. The address is 245 Muncy St, PO Box 157, Laporte, PA 18626. Phone: 570-946-7351; Fax: 570-946-7105. The hours of business are Monday through Friday, 8:30 a.m. to 4:00 p.m. All civil proceedings, including custody proceedings, are filed in the Office of the Prothonotary on the first floor, suite 100 of the courthouse. Phone:1-570-946-7351; 1-570-946-7105 (Fax). The office uses a Confidential Documents Form and a Confidential Information Form, which contain all the information about the parties and are attached to the case being filed. These documents are available to all parties and involved persons in the case but not to the general public without a court order. All custody cases follow the local rules of the Sullivan County Court of Common Pleas, supplemented by the Rules of Civil Procedure governing custody cases.
Types of Child Custody
Physical Custody
In a child custody case, there are several types of caretakers. A custodian is a guardian who cares for a child over time. Physical custody can be subdivided into categories of sole physical custody, primary physical custody, shared physical custody, partial physical custody, and supervised physical custody, which all Pennsylvania courts consider. Primary physical custody of a child means the actual physical control and care of the child over a substantial time period. Examples of primary physical custody include providing food and shelter, transportation, and medical care. Sole physical custody means that only one parent has physical custody of the child, and the other parent has only the right to visit the child. Partial physical custody is for less than a majority of the time. Joint or shared custody means that the parents will each split the time that they care for the child. This generally means that each parent has a substantial period of time with the child, and the terms of a joint custody agreement are detailed in the court's written custody order. Supervised physical custody involves a designated adult or agency agreed upon by the parties or designated by the court who monitors the interactions between the supervised adult and the child.
Legal Custody
Legal custody includes the right to make major decisions in the best interests of the child. Examples could include decisions concerning medical, religious, or educational matters. Both legal and physical custody can be primary or shared in some form. In a joint custody agreement, each parent generally has some legal custody over the child as well. In a sole custody situation, the sole physical custodian is also the sole legal custodian.
Types of Custody in Sullivan County
In the Complaint form for custody contained in local rule 1915.3 serving both Sullivan and Wyoming County, the plaintiff is listed as seeking either custody or partial custody/visitation. The plaintiff must also explain why, in the best interest of the child, the plaintiff should be given custody or visitation rights.
Child Custody Court Procedures in Sullivan County
Court Costs and Filing a Complaint
The current cost for filing a custody complaint in the Sullivan County Court of Common Pleas is $123.50. There are additional costs involved for the certified mail copy of the complaint sent to the other parent. There is also a $50.00 cost for registering and enrolling in a mandatory custody education program. There is an affidavit form entitled "Leave to Proceed in Forma Pauperis" if a plaintiff cannot afford costs that will be reviewed by the court. All filings are made in the Office of the Prothonotary in the Sullivan County courthouse.
The first procedure in a child custody case is the complaint. In order to file a complaint, a person must be an interested party to a lawsuit, legally defined as standing. Generally, the interested party that files the complaint as a plaintiff is one of the separated parents. Another type of interested party could be a grandparent who has been responsible for the physical caretaking of the child for at least a year or who testifies that the child is at risk of neglect or abuse. Finally, an adoptive parent or other guardian may be an interested party if substantial physical care has been provided for the child over time.
The ages, dates of birth, and current residence and relationship to the plaintiff of the minor children are all part of the complaint filed in Sullivan County.
Emergency Action for Relief
Throughout Pennsylvania, it is possible for any person to bring an Emergency Petition for Special Relief If drastic changes in a child's custodial situation threaten the child's welfare and safety. Objective facts must be proven in the petition. Some examples include situations such as the imprisonment of a custodial parent, the destruction of the custodial home, the physical abuse of the child, or the removal of the child from the custodial home without consent, If an emergency temporary order is granted by the judge, the child will then go into that ordered custody and remain there until a full hearing and a final custody order is granted by the judge.
Hearing
A custody complaint will generally be followed up by a conference with the judge prior to the scheduling of any hearing. If a disagreeing party requests a hearing/trial before the judge, then the court officer can schedule pre-trial conferences and a trial date with the judge. The hearing allows for notice, discovery, and evidence as required under the Rules of Civil Procedure, which will determine what custody arrangements are in the best interests and welfare of the child. The result of a trial will be a formal, final child custody order issued by the trial judge in the Sullivan County Court of Common Pleas.
Mutual Agreement Filing and Petition to Modify
A Petition to Modify a custody order may be filed with the Prothonotary's Office in Sullivan County after a final custody order has been issued by the judge. Custodial parties sometimes create informal arrangements that are adapted to changing circumstances in the family. These informal arrangements, however, still must be reviewed by the court in order to avoid a violation of the court's final custody order and a possible contempt of court. By involving the court in a final custody order, the custodial parties are no longer able to simply agree to different conditions, since the court is now the arbiter of the best interests of any of the children involved. The custodial parents must, therefore, file a Mutual Agreement with the court showing the scheduled changes in court-ordered custody for the court to review.
One custodial party may also file a Petition to Modify the custodial agreement that will come before the trial judge of the Sullivan County Court of Common Pleas to reconsider and review any requests for modification in the court's final custody order. The document must identify the particular type of custody ordered by the court and then list the reasons for a modification of that custody order. In the instance where both parties agree to the modification of the custody order, another hearing may not be required. If the request is brought by a party that disagrees with the custody order, then another hearing with witnesses and evidence is scheduled. A Petition to Modify a custody order is a filing that is uniform throughout the state of Pennsylvania. The current filing fee for filing a Petition to Modify in the Office of the Prothonotary in Sullivan County is $15.00.
Appeal of a Child Custody Order
An appeal from a final custody order is an alternative to filing a Petition to Modify. An appeal comes from Sullivan County's final court order as a final decision from the Court of Common Pleas. A period of 20-30 days from the date of the final order is the usual timeline. The appeal is made to the Superior Court alleging that the final court order contained legal or procedural errors or involved abuse of judicial discretion. Appeals involve legal briefs, oral arguments, and definite costs to the appellant. The trained professionals at the offices of the LLF Family Law Team can advise you of any merits of an appeal from a final custody order from the Sullivan County Court of Common Pleas. The right to an appeal from a final custody order is uniform throughout Pennsylvania.
Violation of a Child Custody Order
All court-ordered final custody orders in Sullivan County and throughout Pennsylvania are final and enforceable decrees. Any violation of the terms of a final custody order is an actionable offense that can lead to contempt of court, fines, and even possible imprisonment. A Petition for Contempt can be filed in Sullivan County and throughout Pennsylvania, detailing the violations of the custody order and giving specific reasons why the defendant should be held in contempt of court. If the violation is a repeated offense, a custody order can be revised by the judge to prevent any reoccurrence of the violation of the court's custody order. One example of a repeat violation of a custody order would be where one parent repeatedly fails to return the child to the other custodial parent under the terms of the final custody order.
Get Help with Your Child Custody Issues Today
The LLF Law Firm Family Law Team has experience with the court rules in Sullivan County and is available to help you with your issues regarding child custody. The court will always consider the best interests and welfare of the child in a custody case, and the LLF Law Firm Family Law Team will always work to support you and your family in obtaining the best legal result possible with your child's welfare in mind. We will do the research and gather the evidence necessary to support you and your child in order to obtain a desirable outcome on child custody issues. We will vigorously pursue all legal remedies available for you and your child in Sullivan County.
If your Ex has violated the custody terms of a final order, we will help you evaluate all your options to enforce a contempt of court violation. If you have been accused of violating custody terms from a final custody order, our offices will diligently present a justifiable defense to explain and protect your rights involving child custody issues. Our experienced attorneys can help both parties work to reach a mutual agreement. We can also use our experience with the Sullivan County Court of Common Pleas to help create a custody agreement document that will be agreeable to both parties and acceptable to the judge. We are further able to evaluate, write, and argue any trial court appeal should the circumstances justify that option.
If you are facing a child custody issue in Sullivan County, contact the LLF Law Firm Family Law Team offices today at 888.535.3686 or contact us. You and your child deserve our professional help with your case.
