Separations and divorces involving children are never fun, however amicable they may be. Negotiating child custody arrangements is typically stressful and emotionally draining for both parents. Plus, at the end of the process, you are forced to go before a Family Court judge in Susquehanna County and get their stamp of approval.
Child custody orders are challenging to modify, and if you are currently dealing with custody issues, you should never negotiate without an experienced Family Law Team at your side. Your child deserves the best, and you should fight for the best custody plan from day one.
At the LLF Law Firm, we understand just how important your child custody concerns are. Our Family Law Team is only a phone call away and can spring into action at a moment's notice to protect your child and promote their interests. Call today at 888.535.3686 or provide further details through our online contact form to get started.
Where Are Child Custody Cases Heard in Susquehanna County?
Child custody hearings for Susquehanna County cases are heard at the county's local Court of Common Pleas, located at 31 Lake Avenue in downtown Montrose. This county court complex also handles many related matters, including child support, separation, adoption hearings, and filings.
What Are the Different Types of Child Custody?
In Pennsylvania and Susquehanna County, there are two distinct types of child custody: physical custody and legal custody. Each form of custody carries unique rights and responsibilities, and if you have a custody hearing at the Susquehanna County Courthouse, you should learn what the judge will be referring to.
Physical Custody
Physical custody is what most people first imagine when they think of child custody. With physical custody, a parent or guardian is responsible for caring for their child throughout the day. Beyond the basics like food and shelter, a parent with physical custody must ensure their child attends school, healthcare appointments, extracurriculars, and anything related to their upbringing.
Legal Custody
Legal custody refers to broad decisions that shape the child's upbringing and trajectory in life. For example, parents and guardians with legal custody have a say in deciding where a child goes to school instead of simply making sure they attend.
How Can Custody Be Awarded?
When judges decide on both forms of custody, they can choose to split the responsibilities between both sides. Or, they can provide sole custody to one parent, with optional provisions that involve the other parent in some aspects of the child's life.
If a judge awards shared or joint custody, both parents are involved in the child's daily care and make decisions together regarding their upbringing. Children typically travel from one house to another based on a scheduling agreement. For big decisions like religion and education, parents with shared custody must find a viable compromise they both can live with.
However, there may be situations where one parent has more custody than another. Common custody arrangements include:
- Complete Sole Custody: One parent has sole physical and legal custody of their child.
- Shared Physical Custody: Judges award both parents some amount of physical custody, with legal custody sometimes provided to only one parent. When sharing physical custody, a parent maintains primary physical custody if they care for the child more than half the time.
- Supervised Custody: In cases where a judge fears for the health or safety of a child, they may order partial physical custody to a parent on the condition that all interactions are monitored and supervised by a professional.
If you are concerned about how the judge will split custody, the LLF Law Firm is here to help. Our Family Law Team can represent you before the Susquehanna Family Court, regardless of whether significant disputes exist, to help secure the best possible custody terms for you and your child.
What Are the Requirements to Be Able to Seek Custody of a Child in Susquehanna County?
You may think being a child's parent is enough to give someone the right to seek custody of their child in Susquehanna County. However, there are legal and administrative hurdles to overcome, and others who are not parents of the child may have similar rights to seek custody.
Before the Susquehanna Court will take up your custody case, the child must have lived in the county for at least six months. This requirement prevents jurisdictional issues from other counties or states from interfering with your proceedings. There are, however, some limited exceptions. Most notably, this requirement does not apply to children under the age of six months, and situations involving abuse or abandonment may allow for the waiving of some rules.
Parents are not the only ones who may have standing to bring custody cases. Typically, those who have assumed parental duties, like grandparents and extended family members, can seek custody if they are willing to be responsible for a child and care for them when neither parent can.
What is the Procedure Used to Resolve Child Custody Cases in Susquehanna County?
Decisions about child custody will influence that child for the rest of their life, so courts take the time to ensure the process is thorough and fair to all interested parties. This also means custody proceedings can be long, complex, and stressful. If you are seeking child custody in Susquehanna County, the LLF Law Firm can simplify the process and prevent your custody hearings from going awry.
There are three main ways that custody cases begin in Susquehanna County:
- Complaint for Custody: This is the standard filing form that begins the process of gaining custody of a child. If there are no extenuating circumstances, you will file a Complaint for Custody with Susquehanna's Court of Common Pleas at the local courthouse.
- Petition for Emergency Relief: If a child is at risk of immediate harm or injury, you can elect to file this emergency petition to receive a faster response than the typical form.
- Petition for Expedited Relief: A child may not be in danger, but there may be reasons to ask for a faster turnaround. If so, you can file this expedited petition, which will be slower than an emergency petition but faster than the typical route.
Filing emergency or expedited petitions without good reason is not a good idea. Even though they can be faster, they will not help your chances in custody battles if the underlying facts are untrue.
The court will assign a Custody Hearing Officer to handle typical complaints and schedule a conference at the courthouse. At this meeting, both sides will attempt to come to an agreement under the officer's direction, one that is in the best interest of the child. If courts can avoid hearings and streamline cases, they will. These conferences free up the time of judges and other officers dealing with contentious cases requiring judgments.
Even though these conferences do not involve a judge, they can still result in legally binding child custody agreements. Before you walk into a meeting and start deciding upon terms, contact the LLF Law Firm. Our Family Law Team will protect your parental rights during these custody conferences that shape the future. Even if you are on good terms with your co-parent, it is never a bad idea to have experienced legal representation during negotiations.
If the conference does not result in a mutually agreed-upon custody arrangement, the court forwards the case to a family court judge. However, instead of immediately scheduling custody hearings, they may require additional negotiations through mediation. During these outside negotiations, the LLF Law Firm will continue to work alongside you to secure the best arrangement possible given the circumstances.
If tensions continue to run high or fundamental disagreements remain, the next step is a hearing, either before the judge or an officer of the court. You and your co-parent will have the opportunity to present evidence and testimony bolstering your side and argue for favorable child custody terms. For a judge to accept a child custody arrangement, they must agree that the terms are in the child's best interests.
Regardless of whether your case ends with a negotiated agreement or a judge ruling, the terms will be official when the family court judge overseeing your case issues a child custody order. This order will outline how physical and legal custody is shared, as well as visitation schedules, parental responsibilities, and any other conditions or requirements affecting one or more parties.
When the judge issues a child custody order, your reality immediately changes. The LLF Law Firm will work tirelessly to ensure that the terms of your custody order benefit your child and allow for continued growth as a family.
What If I Disagree with the Terms of a Susquehanna County Child Custody Order?
Sometimes, child custody hearings don't go your way, but you can continue the fight and aim for better terms. Your options after an unfavorable child custody order differ depending on whether a judge or a hearing officer heard your case.
If a judge heard your case, you can:
- File a motion with the judge asking them to reconsider, outlining errors or new information that influence the order
- Appeal to the Superior Court of Pennsylvania within 30 days of the judge's issuance of the custody order
The countdown begins as soon as you receive your initial custody order. If you file a motion and the judge takes their time to respond, this does not extend your timeframe for filing an appeal.
If a hearing officer overheard your case instead of a judge, their decisions are not final. Instead, they send recommendations to a judge, who then issues the order. Therefore, if you have issues with their recommendations, you can file exceptions to the proposed order up to 20 days later. A judge will consider these exceptions when formally issuing a custody order based on the officer's proposal.
Initial negotiations and court hearings are only half the battle. After a child custody order is issued, there is still work to do if you disagree with the terms or are defending the agreement against an ex or co-parent.
The LLF Law Firm Family Law Team has represented countless parents across Pennsylvania who disagree with their child custody plans. We can advise whether your plan is worth appealing and what evidence you must show to convince a judge to amend their order.
What Happens If My Ex Violates the Child Custody Order in Susquehanna County?
Child custody orders aren't recommendations; they are court orders backed by the full force of the law. Violating a court order can lead to contempt of court charges, and if your ex is not holding up their end of the bargain, filing a Petition for Contempt may be warranted.
Whether your ex is maintaining physical custody beyond what the order allows or ignoring your decisions as the parent with legal custody, the LLF Law Firm can take action and help put a swift end to this behavior. Or, if your ex is accusing you of violating your agreement, our Family Law Team is ready to defend against the allegations in Susquehanna County Family Court.
What If I Want to Change the Terms of a Custody Order in Susquehanna County?
As mentioned, child custody orders are court orders, and violating the terms of the order can place you on the wrong side of the law. This applies even if both parents agree to change the custody arrangement. Until you go before a judge and they formally order amendments to existing custody orders, you must continue raising your child as directed.
Pennsylvania courts place tremendous importance on child welfare. As such, Pennsylvania law disallows informal changes to ensure that judges have the final say over whether new custody arrangements continue to focus on the best interest of the child.
If you want to amend your child custody order, you must file a motion with Susquehanna Family Court. In disputed cases where only one parent wants to edit the order, the judge will seek explanations for why the modifications are needed and how new arrangements are in the child's best interests.
If there is one thing to remember, it's that all changes to child custody orders must go through the official court process. When you work with the LLF Law Firm, our Family Law Team guides you through these often complex hearings to reach a better arrangement for you and your child.
The LLF Law Firm Can Help With Your Child Custody Case in Susquehanna County
Child custody issues are not typically pleasant. Even if you are on good terms with your ex, you understandably want what is best for your child and want to stay involved in their life as much as possible. The LLF Law Firm understands your concerns, and we are here to help.
Our Family Law Team can assist with any part of the child custody process in Susquehanna County, including initial negotiations, modifications, and complaints. Success is downstream from experience, and you deserve legal representation with direct experience in local Susquehanna custody courts. Call the LLF Law Firm today at 888.535.3686 or contact us through our website to learn how we can help with your child custody issues.
