A separation or divorce often involves difficult emotions. This is particularly true when disagreements over child custody occur.
The process can be challenging even in cases where both parties generally agree to the terms of a custody arrangement. They still need to clarify these terms so a judge can review the agreement and decide whether to approve it.
You don't have to navigate this process alone. If you're involved in a child custody case in Warren County, Pennsylvania, our attorneys with the LLF Law Firm Family Law Team are available to help, regardless of whether there is currently any dispute over the terms of the agreement. We can still guide you through the process to ensure it's relatively swift and easy. Learn more about what we can do for you by calling us today at 888-535-3686 or submitting your information through our online contact form.
What Court Hears Child Custody Cases in Warren County, PA?
Hearings and other aspects of child custody cases typically take place at the Warren County Courthouse at:
- 204 Fourth Avenue
- Warren, PA 16365-2362
The courthouse is also home to the Family Hearing Office. This is a setting in which parents may strive to arrive at custody arrangements in a non-adversarial manner.
What Are the Different Types of Child Custody in Pennsylvania?
Custody of a child comes in two forms in Pennsylvania: legal custody and physical custody. Understanding the differences between the two is critical, as a final custody order will typically have to address both in Warren County.
- Physical custody: A parent or caregiver has physical custody of a child when they are the adult with whom the child primarily resides. In some cases, such as when both parents live near each other, physical custody is shared, meaning a child spends an almost equal amount of time with both parents. When someone has physical custody of a child in Warren County, they are responsible for feeding them, providing them with shelter, taking them to medical appointments, and generally tending to their day-to-day needs.
- Legal custody: Legal custody refers to the right to make critical decisions about a child's upbringing. Someone who has legal custody of a child in Pennsylvania can make decisions regarding such matters as a child's education, religion, etc. Legal custody can be shared, or it can be assigned to a single parent. In some instances, the parent who has legal custody of a child isn't the one with physical custody.
The goal of any custody arrangement in Pennsylvania is to ensure a child's best interests remain the top priority. If both parents can't come to an agreement on this matter, courts will account for various factors to determine what constitutes an ideal custody arrangement for a child.
Be aware that a parent without custodial rights may nevertheless have visitation rights. This essentially means they have the right to spend a certain amount of time with their child. A custody order should clarify when and for how long a parent with visitation rights gets to see their kids.
Because of the different types of custody in Pennsylvania, in some instances, parents might even have trouble thoroughly understanding their rights and requirements under a custody order. We at the LLF Law Firm Family Law Team will help if you ever have questions about an order's terms.
Who Can Seek Custody of a Child in Warren County?
Under Pennsylvania law, the following parties may file actions seeking physical or legal custody of a child:
Depending on who is seeking custody, they may need to satisfy numerous criteria to show they're qualified to care for a child. For example, a grandparent will need to establish they already have a strong relationship with a child and that they entered into that relationship through a court order or through the consent of the child or their parent. Showing you meet such criteria is one of many tasks the LLF Law Firm Family Law Team can assist you with.
How Are Custody Cases Resolved in Warren County?
Someone wishing to seek custody of a child in Warren County may initiate a case by filing a complaint for custody with the court. They may download the form through the court's website. Be sure to use the right form, as there is a separate form for grandparents and third parties seeking custody of a child. The current filing fee for custody cases in Warren County is $124.25.
The process may then involve the following:
- Custody conference: In Warren County, a custody conference often precedes any hearings. The custody conference is an informal meeting involving no sworn testimony. The goal of the conference is to discuss custody ideas in order to potentially arrive at an arrangement that satisfies all parties. If the conference is successful, within ten days, a judge should receive the terms of a custody agreement for their review and approval.
- Parenting classes: When parties can't reach a custody agreement together in Warren County, often, the court will order them to take parenting classes. The court will schedule a hearing for the case once at least one of the parties has completed a parenting class.
- Hearing: The case moves to this stage when the parties still can't agree on the terms of a custody arrangement. Hearings may involve witnesses, testimony, and evidence. At the end of this process, the court will make a determination regarding a custody order.
At the LLF Law Firm Family Law Team, we understand this process can be overwhelming. We'll help you navigate it with confidence, protecting your rights during what is often an emotionally-fraught experience.
What if I Disagree With a Child Custody Order's Terms in Warren County?
Before a judge takes over and decides the terms of a custody order, you still have the opportunity to work with the other parent or caregiver to negotiate an arrangement that's ideal for both of you and your children. You no longer have that power when a judge makes these decisions on your behalf.
That means you might disagree with the terms of a custody order. Or, even if you initially agreed to the terms of a custody arrangement that you negotiated with your ex, you might change your mind and decide you wish to make certain adjustments to the arrangement.
Further down, this guide offers information about the process of modifying a custody order that's already been in place for some time. You may also have a brief window of time to modify an arrangement or request a reconsideration shortly after a judge enters an order that you disagree with. At the LLF Law Firm Family Law Team, our attorneys can help you show why an order is unfair or why certain minor terms of an agreement should be modified before it becomes official.
What if My Ex Violates the Terms of a Custody Order in Warren County?
Your ex may claim to agree to the terms of a custody arrangement. However, you might find that they're violating the terms.
Sometimes, an ex may do so in clear ways that are unacceptable, like preventing you from seeing your child entirely during visitation hours.
Other methods may be more subtle. For example, during visitation, they might drop the kids off a little late or pick them up a little too early, limiting your time with them. Or, they may even try to supervise the visitation, preventing you from genuinely enjoying time with your children.
Those are just a few examples. If you believe your ex isn't abiding by the terms of a custody agreement, you may complete a Custody Contempt Petition and submit it to the Warren County Court Administrator's Office.
The completed form should explain in clear but concise language why you believe your ex has violated the terms of an order. Upon processing the request, the court will schedule the matter for a hearing, during which you and your ex have the opportunity to present your cases.
Violating a custody order is a serious matter. Depending on various factors, a violation can result in fines or even a prison sentence.
You might not think sending your ex to prison is in the best interest of your child if their violation of a custody order was fairly minor. Luckily, there are often other ways to resolve these types of violations.
For example, it may be possible to modify the terms of a custody order to ensure that violations are less likely to occur in the future. Perhaps making the terms of an order stricter will ensure greater compliance.
It can be extremely stressful when an uncooperative ex won't abide by the terms of any court order affecting your relationship. When that court order affects your kids, the experience may cause even greater distress.
The LLF Law Firm Family Law Team is here to help in these circumstances. If your ex isn't honoring the terms of your custody order, we can assist you with enforcing it.
Can I Change the Terms of a Custody Order in Warren County?
There are various reasons to want to change the terms of a custody order. Even if an order has been serving both a child and their family for years, as a child grows, their needs may change. Modifying a custody order can reflect those changes.
The following are a few examples of scenarios in which it might be necessary to modify an existing custody order:
- If a child's medical needs change, one parent may be better able to escort them to medical appointments, provide for their care in the home, etc. This could justify modifying the physical custody terms of an order.
- Your income may have changed, or your ex's income may have changed. Regardless, changes in income can affect whether a parent or caregiver is able to provide for a child. A custody order might have to be modified accordingly.
- The terms of the original custody order may have been based on the living situations of you and your ex at the time of your divorce or separation. If one of you moves (or wishes to move), you might also have to change the custody order.
Those are just a few examples. Sometimes, your ex will agree to the proposed changes. Even if they do, you still need to submit a Petition to Modify Custody to the Family Hearing Office of the Warren County Courthouse. Regardless of whether you have an informal agreement with your ex, violating the terms of a custody order is still a big mistake until the court officially modifies the agreement.
Your ex might not agree to the proposed modifications. In these instances, the court schedules hearings where both parties can present their cases. The burden will be on you to show why modifying an order that has served its purpose up until this point is necessary.
This is another task we at the LLF Law Firm Family Law Team can assist you with.
How the LLF Law Firm Can Help With Custody Issues in Warren County
There are numerous benefits to enlisting the help of qualified family law attorneys when seeking custody of a child in Warren County, PA. Remember, many of these advantages can apply to your case even if you and your ex generally agree to the terms of an arrangement.
Ways we can help include:
- Gathering evidence (such as pictures and testimony documenting your relationship with a child) to support your argument in favor of a particular custody arrangement
- Completing and submitting paperwork
- Expressing your desires clearly during conferences, hearings, etc.
- Assisting with enforcement when an ex isn't complying with a custody order's terms
- Helping with custody order modifications
- Ensuring you thoroughly understand the terms of a custody order
Our team can also be a profound source of support during what may otherwise be a difficult life circumstance. With our help, you'll feel confident you and your child are in good hands. Find out more about how the LLF Law Firm Family Law Team can help you by contacting us through our online form or calling us at 888-535-3686 today.
