Parents want what's best for their children. When two parents disagree on how to raise their children, these disagreements can lead to combative and emotional custody disputes.
Parents may disagree on how much time a child spends with each parent. They may disagree on what schools a child attends or whether they attend church. In some cases, the question is whether one parent should be solely responsible for a child's well-being.
Regardless of the details, the key question in any child custody case is what's in the best interests of the child. This question can inform how parents present evidence in a custody case and what evidence is relevant.
If your child lives in Tioga County, the LLF Law Firm Family Law Team can help you navigate custody disputes. We work with parents and families throughout Pennsylvania to find resolutions to custody disputes. Call us at 888-535-3686 or fill out our online form.
Who Can File for Custody in Tioga County?
In Pennsylvania, if a parent resides in a different county than their child, the county where the child resides is where parents will file for custody. Parents don't have to currently live with a child or have lived with their child at any point as a requirement to file for custody.
A child's county of residence generally means a child has lived in that county for at least six months. In situations where a child has moved frequently, the LLF Law Firm Family Law Team can help you determine your child's likely home county and where to file.
How Do I File for Custody in Tioga County?
When filing for child custody in Tioga County, the county recommends that parents work with an attorney, such as the LLF Law Firm Family Law Team.
Tioga County recommends that parents or other adults file for custody when:
- A parent is concerned that the other parent will take the child out of the area and not return
- The other parent regularly fails to pick up or return the child at agreed-upon times
- A parent needs legal verification for school enrollment, health insurance benefits, or Social Security or welfare benefits.
- The other parent is withholding the child from a parent or failing to give the child enough free time.
- A noncustodial parent wants a child to live with them
- One parent is preventing the other parent from making major decisions about a child's life, such as what school a child attends or whether they attend church
Once a parent files for custody, they can resolve the custody disagreement at any point in the process. They don't have to wait for a mediation session or hearing to reach an agreement.
In Tioga County, the general steps for a custody case are:
- Filing
- A custody conciliation conference facilitated by a neutral third party
- Mediation, if appropriate
- Pretrial conference
- Hearing
One of the advantages of resolving custody disagreements sooner than later is that parents have more control over the final decision. Once a judge hears a custody dispute, it's the judge and not the parents who decide on custody.
What Are the Types of Child Custody?
There are two types of custody: physical and legal. As Pennsylvania encourages a child to have a relationship with both parents when possible, this means that, when practical, parents will share physical and legal custody.
Physical custody involves having physical care for a child. This means taking care of a child's physical needs, such as food and shelter, and managing a child in the daily routine, such as getting them to school, appointments, and activities.
In comparison, legal custody is about the decisions that can shape a child's larger life, such as the school a child attends, their religion, and major medical decisions. Pennsylvania's default legal custody option is joint legal custody without regard to the physical custody arrangement. This means that both parents make decisions about a child's life.
Pennsylvania has the following types of physical custody:
- Shared physical custody
- Primary physical custody
- Partial physical custody
- Sole physical custody
Pennsylvania has the following types of legal custody:
- Shared legal custody
- Sole legal custody
When parents have joint or shared custody, both care for a child and make decisions. In comparison, sole custody means one parent is responsible for making decisions and/or caring for a child. Primary and partial are similar to joint physical custody, except one parent has the children for the majority of the time.
Physical and legal custody can be different. For example, parents may share joint legal custody while one parent has sole physical custody.
Supervised Physical Custody
More commonly known as visitation, supervised physical custody is a way for a parent to spend time with a child when they're not considered able to care for a child. During supervised physical custody, a parent spends time with their child while with a court-appointed third party. Supervised physical custody helps to maintain the parent-child relationship when it wouldn't be in a child's best interests for a parent to have physical custody.
Emergency Orders
If a child's health and safety are in danger, parents or other adults may want to file an “Emergency Petition for Special Relief.” These emergency orders allow a case to jump the line and be heard sooner.
The goal of having these cases moved up in the docket is to remove children from dangerous or unsafe situations quickly. Parents or other faults should file for an emergency order only when needed.
Grandparents and In Loco Parentis
In Pennsylvania, grandparents, aunts or uncles, or other adults may be able to file for custody. In general, non-parent adults file when a parent is dead or unable to care for a child. Tioga County requires a child to have lived with an adult for at least twelve months before that adult can file for custody.
When grandparents and other adults want to assume custody, they need to prove that:
- They can assume responsibility for the child
- They can show a sustained, substantial, and sincere interest in a child's welfare
- The child's parents do not have any care and/or control of the child
Tioga County recommends that non-parents who wish to file for custody consult a law. These cases can be complex, and the LLF Law Firm Family Law Team can help you navigate the situation.
If you're an adult who's concerned about a child's well-being, health, or safety while under the care of a parent, you should contact the LLF Law Firm Family Law Team about what options are available to you.
Why Do I Need a Custody Order?
Custody orders create stability and set clear guidelines to help give a child stability. Parents shouldn't assume that they don't need a custody order because they agree on custody terms or have a good co-parenting relationship. Things can change, and a custody order not only provides clarity, it's also legally binding and enforceable.
Can I Modify An Existing Custody Order in Tioga County?
Yes. Just as life can change, custody orders can be modified at any point. Parents may get a new job or move, or a child's schedule may change: Any number of reasons may require a change to a custody order.
Parents should amend a custody order even when they both agree to the change. Similar to that initial custody order, having an updated custody order can make it easier to ensure the terms are met.
For parents who need to change their custody agreement, Tioga County has a packet on custody modification. If you need to alter your custody agreement, the LLF Law Firm Family Law Team can help you while reducing the impact on your child's routine.
What Factors Are Considered for Deciding Child Custody in Tioga County?
The question asked in all custody cases is: What's in a child's best interests? This question is central to any custody agreement, and it may be the single most important consideration in any custody case in Pennsylvania.
The second consideration is that, when possible, a child maintains a relationship with both parents. Even if a parent is unable to care for their child, they still have a right to visitation and to build and maintain a relationship with their child.
One factor that can result in a judge ruling against a parent is when that parent either has or may prevent or interfere with the other parent's relationship with their child. Parents who encourage or at least don't block a child's relationship with both parents are likely to receive a more favorable custody order compared to those who try to restrict the other parent's involvement in a child's life.
One factor that doesn't enter into a custody discussion is each parent's financial position. One parent having access to more money doesn't automatically grant them custody.
Pennsylvania provides a list of factors that judges may consider when determining child custody. All of these are optional, and judges may also consider circumstances or information not included on the list. The purpose of these factors is to get an idea of a child's daily life and routines, which can help determine how to structure a custody order.
Some of the factors judges may consider:
- A parent's established relationship with and involvement in a child's life
- A child's need for stability and continuity
- If either parent or a member of that parent's household has committed or has a history of abuse
- If yes, is a child's health or safety at risk?
- How each parent has or will provide an environment that meets a child's emotional needs
- If a parent has or will provide and support a child's daily needs
- A parent's ability to care for a child or make appropriate child-care arrangements
- A child's relationship with extended family
Custody, Abuse, and Crime
That a parent or a member of their household has a history of domestic abuse or a criminal record doesn't automatically disqualify a parent from having custody. It can play a part in a custody decision as far as whether someone's history of abuse or criminal record puts a child at risk.
This is the case even when one parent has abused their child's other parent. A parent who has documented abuse against the other parent may still be granted custody if they aren't considered a threat to a child's health or safety. If your custody case involves abuse allegations or criminal convictions, contact the LLF Law Firm Family Law Team.
Does Tioga County Require a Parenting Plan as Part of a Custody Order?
No, but a judge may order parents to complete one. In Pennsylvania, judges decide when children would benefit from parents must complete a parenting plan.
What Happens When a Parent Violates a Custody Order in Tioga County?
If one parent isn't following a custody order, the other parent does have avenues to find a resolution.
When a parent isn't following a custody order, the other parent can file a Petition for Contempt of Court. The Court Administrator's Office will then schedule a contempt meeting.
If a parent or other adult believes a custody violation is a threat to a child's health or safety, they should consider filing for an emergency custody order.
Tell the Truth
While it may be tempting to exaggerate or stretch the truth to get a favorable custody ruling, not being honest may hurt a parent in a custody decision. Custody discussions can be highly charged, emotional situations, and parents may become more concerned with “winning” the custody battle than keeping the focus on what should be central to a custody agreement: What's best for the child.
Tempting as it can be to exaggerate or invent details to “win” the custody battle, they may result in a court siding with the other parent. Focus instead on building evidence to help your case.
What is Special Relief in Tioga County?
Special relief is a short-term, temporary custody order. Parents may be granted special relief at any time after filing for custody.
Special relief examples:
- Awarding one or both parents temporary legal or physical custody
- Requiring a parent or other adult who has physical custody of a child to bring that child before the court
- Banning parents from leaving Pennsylvania with their child
Judges don't have to provide special relief but have the discretion to decide when it's necessary. Judges in Pennsylvania also aren't limited to the types of relief they can offer.
Custody versus Support
While related, child custody is separate from both spousal and child support. While parents' financial positions don't matter when awarding custody, they do matter for child support.
In Tioga County, the Domestic Relations Section of the Tioga County Court of Common Pleas has the responsibility for support, including enforcement. If you live in Tioga County and need help with child custody or child support, the LLF Law Firm Family Law Team can help.
Protect Your Child
Custody disputes are often stressful. Parents want what's best for their children, and that can sometimes leave parents on opposing sides.
In Tioga County and throughout Pennsylvania, the LLF Law Firm Family Law Team helps parents and guardians understand the child custody process and guide them through it. Our goal in all child custody cases is to help our clients protect their child's best interests. Call us at 888-535-3686 or fill out our online form.
