When you and your spouse are separating or divorcing, deciding on child custody can be one of the most stressful parts of the process. Trying to find an arrangement that's the most beneficial for your child and your family is difficult, even if you and your spouse seem to be on the same page. With emotions running high, you might struggle to come to an agreement.
Both of you want what's best for your child, but even if you've agreed on how to care for them, you still have to go through the courts if you want an enforceable custody order. In Juniata County, the Court of Common Pleas Domestic Relations Court, also known as the Family Court, handles child custody cases.
At the LLF Law Firm, we understand how difficult this process is for your family. We can help protect your rights in child custody cases, whether or not you and your spouse are disputing the custody terms. Call our offices at 888-535-3686 or send us your information via our confidential contact form.
Where Are Custody Cases Heard in Juniata County?
The Domestic Relations Court in Juniata County is located in the Juniata County Courthouse Annex, 30 N. Main St. in Mifflintown. Filing custody complaints, submitting documents to the court, and family court hearings all take place here. All of your child custody proceedings will most likely happen here.
Officers and judges who specifically deal with domestic relations issues will hear your child custody matter. In addition to custody, the Juniata Family Court also handles divorce, child and spousal support, and domestic violence.
Two Types of Child Custody
Pennsylvania recognizes two types of custody: physical custody and legal custody. It's crucial to understand the difference when it comes to getting a custody order. When a judge issues a custody order in Juniata County, they address both physical and legal custody.
Physical custody refers to which parent is responsible for the child's daily care, including providing food, clothing, and shelter and ensuring the child attends school, activities, and medical appointments. Physical custody may be awarded primarily to one parent or shared between both, allowing each parent to spend substantial time with the child. In some situations, one parent may be granted sole custody, while in others, one parent may have limited visitation rights, which might need to be supervised by a court-appointed agency or monitor.
Legal custody involves decision-making authority over important aspects of the child's upbringing, such as their education, religion, and medical care. Legal custody can be shared between both parents or granted to only one parent, which doesn't necessarily have to be the same parent who has physical custody.
Requirements for Seeking Custody in Juniata County
Generally, a child must have been living in Juniata County for at least six months before the Family Court will consider a custody complaint relating to the child. There are exceptions, of course, if a child is less than six months old or has been abandoned or abused, for example.
Only specific individuals are allowed to initiate custody cases. Depending on the circumstances, those with the legal right to bring a custody case may include a parent, a grandparent, someone who isn't the child's parent but has been caring for the child and taken on parental responsibilities, or an individual who is willing to assume responsibility for the child and has a long-term vested interest in the child's well-being (in situations where neither parent is able to provide care).
How Custody Cases Are Resolved in Juniata County
The child custody process goes through several steps, starting with filing a complaint, then proceeding to a hearing conference, possibly mediation, and a hearing if needed.
Filing a Custody Complaint
In most child custody cases in Juniata County, the process begins by filing a "Complaint for Custody" with the Family Court. If the situation is urgent, such as when a child's health, safety, or well-being is at immediate risk, it may be necessary to file a petition for emergency relief, which is typically reviewed and decided within a day. For issues that require prompt attention but don't pose an immediate threat, a petition for expedited relief can be filed, allowing the court to address the matter more quickly than usual in a standard custody case.
Custody Hearing Officer Conference
If neither emergency nor expedited relief is requested, the case will be assigned to a Custody Hearing Officer for a conference. Both parties will be informed of the date, time, and location of the conference at Family Court. During the conference, the hearing officer will meet with both parties to attempt to help them reach an agreement on custody terms. If an agreement is reached, the court will then review it to determine whether it serves the child's best interests. Working with an attorney from the LLF Law Firm ensures that, even if both sides reach an agreement, all key issues are addressed, and the arrangement is likely to meet the court's standards for the child's best interests.
Mediator
If both parties are unable to reach an agreement during the meeting with the hearing officer, the decision will be left to the judge. In some instances, the judge may recommend that the parties work with a mediator—an impartial third party trained in conflict resolution—to help them negotiate custody terms and potentially reach an agreement.
Hearing
If no agreement is reached during mediation, the case will proceed to a hearing, either before the hearing officer or the judge. During the hearing, both parties will have the opportunity to present evidence, including witnesses and documents, to support their stance on child custody. The judge or hearing officer will focus on what is in the best interests of the child, which may result in a custody arrangement that neither parent is entirely satisfied with.
If the hearing is held by a hearing officer, they will issue a recommended custody order, which the judge will typically sign to make it an official child custody order. Whether the parties reach an agreement, the hearing officer proposes a custody order, or the hearing takes place directly before a judge, the final outcome will be a formal child custody order issued by the Family Court judge.
The LLF Law Firm's Family Law Team has assisted numerous clients with their child custody cases in Juniata County and throughout Pennsylvania. We recognize the importance of these matters and are prepared to help you protect your rights and pursue a custody order that aligns with your child's best interests.
What Should I Do If I Disagree With the Child Custody Order?
If a child custody dispute was heard by a Hearing Officer instead of a judge, the parties have 20 days after the Hearing Officer issues a proposed custody order to file "exceptions" to that order. These exceptions must detail the issues or objections with the proposed custody arrangement. After exceptions are filed, a judge will hold a hearing to review them, allowing both parties to present arguments for or against the Hearing Officer's recommended order.
If the child custody case was heard directly by a judge and a party disagrees with the custody order, there are two options:
- File a motion for reconsideration with the judge.
- File an appeal with the Superior Court of Pennsylvania, located at 530 Walnut Street in Philadelphia. This appeal must be submitted within 30 days of the judge issuing the custody order, regardless of whether a motion for reconsideration has been filed.
At the LLF Law Firm, our team can assist you if you don't agree with a custody order or another party is challenging a custody order that you want to maintain. Changing custody orders is a complicated process and our Family Law Team is familiar with the laws and procedures involved.
What Happens if My Ex Violates the Child Custody Order in Juniata County?
Since the child custody order is an official court ruling issued by a judge in Juniata County Family Court, violating its terms is a serious offense. The party who breaches the order can be held in contempt of court, which may result in fines or even imprisonment. However, before these penalties are imposed, the other party must file a petition for contempt with the same court that originally decided the custody case.
In situations where one party repeatedly violates the terms of a custody order, the other party may request the court to modify the order to prevent future violations. This can occur, for example, if a parent consistently fails to return the child according to the court-ordered schedule or repeatedly places the child in harmful situations.
The LLF Family Law Team is well-versed in handling contempt petitions in Juniata Family Court. Our attorneys can assist you in filing or defending against a contempt petition.
Can I Change the Terms of My Custody Order in Juniata County?
You can change custody orders in Juniata County. Since child custody orders are legally binding directives that outline each parent's responsibilities for their child's welfare, any changes to those terms must also be authorized by the court. Even if both parents mutually agree to adjust the terms of the custody arrangement, those changes must be approved by a judge. Failing to get the court's approval and implementing changes to the custody order anyway could result in both parents being found in contempt of the court's original custody order.
This requirement exists because the primary focus of a child custody order is the child's best interests, not the convenience of one or both parents. To make changes to a custody order, the proper procedure is to file a motion with the Juniata Family Court requesting a modification. This allows the judge to review the reasons for the modification and determine if it serves the child's best interests.
In some cases, only one parent may want to alter the existing custody order. That parent must file a motion with the court that states the requested changes and explains why they're necessary. The judge will then hold a hearing to consider input from both parties before deciding whether to approve, deny, or modify the custody order as a compromise.
The attorneys on the LLF Law Firm Family Law Team help families throughout Juniata County and Pennsylvania with custody modification requests. Whether you're seeking a modification or opposing one, we can assist you during the process.
How Can the LLF Law Firm Help With Custody Issues in Juniata County?
The LLF Law Firm has helped many parents with child custody matters in Juniata County. We'll work closely with you to gather the necessary information to support your case and advocate for your rights as a parent. We also keep the best interests of your child in mind, knowing that the court prioritizes children's well-being in custody matters.
If the terms of your custody order have been violated, we're here to help you enforce them. We can also assist you if you're accused of violating the custody agreement—we'll provide you with a strong defense against contempt charges. Not only can we help resolve custody disputes, but we can also help parents come to mutual agreements. One of the key advantages of working with our attorneys is their deep understanding of the Juniata Family Court system, which allows us to craft custody agreements that are acceptable to both parties and likely to be approved by the judge. There's no benefit in reaching an agreement that the court won't approve.
If you're dealing with a child custody issue in Philadelphia County, contact the LLF Law Firm Family Law Team at 888-535-3686 or use our contact form to schedule a confidential consultation. Your child's future is important—let us help you protect it.
