For parents who are divorced or otherwise not together, one of the biggest challenges can be determining child custody. How much time each parent spends with a child, who spends major holidays with a child, and who makes decisions about a child's education and life: These are just a few of the questions that can lead to disagreements that can be difficult to resolve.
The LLF Law Firm Family Law Team works with parents in Union County and throughout Pennsylvania to resolve child custody issues. Call us at 888-535-3686 or fill out our online form.
Who Can File for Custody in Union County?
Pennsylvania requires that parents file for custody in the county where a child lives. A parent doesn't have to currently live with a child or have lived with the child at any point to file for custody.
In general, a child's home county is where they've lived for at least six months. If you're unsure what county would qualify as your child's home county, 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 Union County?
In cases of divorce, Union County separates the divorce from child custody. They will be two separate cases.
Union County requires that all custody paperwork be filed with the Prothonotary's Office for the 17th Judicial District of Pennsylvania. The office is located at the Union County Courthouse in Lewisburg. The office is open from 8:30 am to 3 pm Monday to Thursday and 8:30 to 2:30 pm on Fridays.
The county makes all the relevant forms available on its website. Parents or other custodial adults may need to file with the Prothonotary's Office:
- For an initial custody order
- To modify an existing custody order
- To join an existing custody case
- When one parent isn't following an existing custody order
Custody issues can be resolved at any point in the process. If parents can reach an agreement, they aren't required to wait for a mediation session or hearing to resolve the problem.
In Union 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 benefits of resolving custody disagreements early in the process is that parents have more control over the final decision. Once a custody dispute goes before a judge, it's the judge and not the parents who decides on custody. While parents can appeal these decisions, that doesn't mean a court will agree with them.
What Are the Types of Child Custody?
Pennsylvania has two types of custody, physical and legal. The state encourages a child to have a relationship with both parents when possible, which means that, when practical, parents will share physical and legal custody.
Physical custody covers taking care of a child's physical needs, such as food and shelter. Guiding a child through their daily routine, getting them to school, appointments, and activities, and protecting their health and well-being are all part of physical custody.
In comparison, legal custody focuses on the decisions about a child's school, religion, and major medical decisions. Pennsylvania's default legal custody option is joint legal custody, regardless of the physical custody arrangement. This means that both parents make decisions about a child's life.
Pennsylvania recognizes the following types of physical custody:
- Shared physical custody
- Primary physical custody
- Partial physical custody
- Sole physical custody
Pennsylvania recognizes the following types of legal custody:
- Shared legal custody
- Sole legal custody
When parents have joint or shared custody, both are actively involved in making decisions and/or caring for a child. As the name suggests, sole custody refers to one parent being responsible for making decisions and/or caring for a child. Primary and partial are similar to joint physical custody, but one parent has the children for the majority of the time.
Physical and legal custody don't have to be the same. In other words, parents may share joint legal custody while one parent has sole physical custody.
Supervised Physical Custody
Often referred to as visitation, supervised physical custody means that, when a parent spends time with their child, a court-appointed third party will join them. This is a good option for maintaining a parent-child relationship when a child wouldn't benefit from a parent having custody.
Interim Agreements
While parents are hammering out a custody agreement, a court may issue an interim agreement. These are temporary custody orders to help provide stability for children before a more permanent custody order is put into place.
Emergency Orders
Formally known as an “Emergency Petition for Special Relief,” parents or other adults may wish to file an emergency order when a child's health and safety are in danger. These petitions focus on a quick resolution to a custody issue in order to protect a child's health and safety.
As these petitions essentially jump the line to get in front of a judge sooner rather than later, some parents may be tempted to file an emergency petition to get a quick resolution. Such a tactic can backfire on those who file when there isn't a threat to a child's health and safety.
Emergency petitions should only be used when an adult has reason to be concerned about a child's well-being. Filing without believing a child's health or safety is in danger may backfire on the parent who filed.
Grandparents and In Loco Parentis
In Pennsylvania, grandparents and 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.
When grandparents and other adults want to assume custody, they need to prove that:
- They're willing to assume responsibility for the child
- They have a sustained, substantial, and sincere interest in a child's welfare
o This can be shown from a range of evidence that demonstrates the nature, quality, extent, and length of the individual's involvement in a child's life
- Neither parent has any form of care and/or control of a child
If a parent currently has custody but a parent or other adult has reasonable concerns about a child's well-being, health, or safety, that individual should immediately contact the LLF Law Firm's Family Law Team.
Why Do I Need a Custody Order?
Even if parents have a good relationship and agree on custody terms, a formal custody order remains important. A custody order is a legal document, and it gives parents grounds to enforce its terms. These orders create stability for both parents and children by establishing a set schedule and determining who makes decisions.
Can I Modify An Existing Custody Order in Union County?
All child custody orders can be changed. A new job, a change in schedule: life events can require parents to amend a custody agreement.
Union County has a packet on custody modification. The LLF Law Firm's Family Law Team can help parents modify custody agreements in ways that minimize any disruptions to a child's schedule or routine.
What Factors Are Considered for Deciding Child Custody in Union County?
The top consideration for all custody cases is what's in a child's best interests. The next most important consideration is that a child maintains a relationship with both parents.
In Pennsylvania, courts will often consider if either parent has or may try to prevent or interfere with the other parent's relationship with their child. In general, courts are more likely to side with parents who encourage or don't restrict the other parent's involvement in a child's life.
Each parent's financial position is rarely considered when awarding custody. That one parent makes considerably more money doesn't mean they will automatically get custody. Parent's finances are the focus of child support, which is a separate issue from custody.
Pennsylvania uses a non-exclusive list of factors that judges may consider when determining child custody. Judges don't have to consider all of the listed factors or not include other information because it's not on the list. These factors are more guidelines for considering the whole picture when it comes to a child's daily life and routines.
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, if a child's health or safety is at risk because of that abuse
- 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
A parent isn't automatically barred from having custody if either they or a member of their household has a history of domestic abuse or a criminal record. The question instead is if that history of abuse or criminal record puts a child at risk.
Even in situations when one parent abused their child's other parent, a 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 Union County Require a Parenting Plan as Part of a Custody Order?
Pennsylvania law allows judges to decide if parents must complete a parenting plan. Even if not required, parents may find these plans beneficial above and beyond a custody order.
What Happens When a Parent Violates a Custody Order in Union County?
When a parent has evidence that the other parent violated an existing custody order, they can file a contempt form with the Prothonotary's Office. After a parent submits a contempt petition, the court will schedule a hearing. A judge on the Court of Common Pleas oversees the hearing.
In situations when a parent believes a custody violation is a threat to a child's health or safety, parents may want to file for an emergency custody order.
Be Honest
Custody agreements are often emotional, but they can also turn into competitions when both sides want to win. The one thing to avoid in all situations is lying or exaggerating events.
Tempting as it can be to embellish details to “win” the custody battle, such embellishments may result in a court siding with the other parent.
What is Special Relief in Union County?
At any point after a parent files custody forms, they may be granted special relief. These are interim or temporary orders that are put in place on a short-term basis.
Examples of special relief include:
- Awarding 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
- Prohibiting parents from leaving Pennsylvania with their child
Courts have the discretion to provide special relief when a judge believes it is appropriate. Pennsylvania doesn't limit what types of a relief a judge can offer and leaves it to a judge's discretion.
Custody versus Support
Custody is a separate issue from spousal or child support. While the amount of time a parent has a child may factor into support arrangements, courts will generally not withhold a parent's access to their child due to failing to pay child support or other support-related issues or disagreements.
In a similar vein, money isn't a consideration when awarding custody. That one parent has more money doesn't entitle them to a larger share of custody. The focus is on what's in a child's best interests.
In Union County, the Domestic Relations Section of the Union County Court of Common Pleas handles support but not custody issues. The LLF Law Firm Family Law Team can help parents handle both child custody and child support in Union County.
Protect Your Parent-Child Relationship
Parents want to do what they think is best for their children. When two parents disagree on what's best for their children, including how and when each parent should spend time with their children, there's often no easy solution.
The LLF Law Firm Family Law Team works with parents and guardians in Union County and throughout Pennsylvania to protect their child's best interests and protect a child's daily life and routine throughout custody disagreements. We help our clients consider their options, assemble evidence, and guide them through the process. Call us at 888-535-3686 or fill out our online form.
