When you and your spouse are going through a separation or divorce, determining child custody can be one of the most difficult parts of the process. Finding a solution that works for both your child and your family can be challenging, even if you and your spouse generally agree on the approach.
Although both of you have your child's best interests at heart, you'll still need to go through the court system to secure a legally binding custody order. If you want to file for custody in Montour County, the combined Columbia/Montour County Court of Common Pleas will handle your case.
At the LLF Law Firm, we understand the emotional toll this process can take on your family. Whether or not you and your spouse are in dispute over custody terms, we are here to protect your rights. Contact our offices at 888-535-3686or complete our confidential contact form to reach out to us.
Where Does Montour County Hear Custody Cases?
One Court of Common Pleas serves both Columbia and Montour Counties, so there are two courthouse locations. The Montour County Courthouse is located at 253 Mill St, Danville, PA. The Columbia/Montour Court of Common Pleas also has a location in Columbia County, at 35 West Main St, Bloomsburg, PA.
When you receive paperwork from the court asking you to show up for a mediation, hearing, or other proceeding, ensure that you have the proper address. The Court of Common Pleas will handle your custody documents, accept your custody complaints, and listen to custody hearings.
Types of Child Custody
In Pennsylvania, child custody is divided into two categories: physical custody and legal custody. It's essential to understand the distinction between them when pursuing a custody order. When a judge in Montour County issues a custody order, they will address both types.
Physical custody involves the parent who is responsible for the child's daily care, such as providing food, clothing, and shelter and ensuring they attend school, extracurricular activities, and medical appointments. Physical custody can be granted primarily to one parent or shared between both, allowing each parent substantial time with the child. In certain cases, one parent may have sole custody, while in others, one parent may be granted limited visitation, possibly supervised by a court-appointed agency or monitor.
Legal custody, on the other hand, pertains to the authority to make important decisions regarding the child's upbringing, including education, religion, and healthcare. Legal custody can be shared between both parents or given to just one, and it doesn't always correlate with who has physical custody.
When determining physical and legal custody arrangements, courts typically aim for a balanced division between both parents, allowing them to be actively involved in their child's life. However, this arrangement may not suit every situation. At the LLF Law Firm, we're here to help you negotiate a custody agreement that addresses both physical and legal custody, ensuring the best possible outcome for your family. Our goal is to defend your parental rights while prioritizing your child's best interests.
Requirements to Seek Custody in Montour County
In most cases, a child must have lived in Montour County for at least six months before the court will consider a custody complaint. However, there are exceptions, such as when the child is under six months old or in situations involving abandonment or abuse.
Only specific individuals are eligible to file for custody. Depending on the circumstances, those with legal standing to pursue a custody case may include a parent, a grandparent, someone who has taken on a caregiving role and assumed parental responsibilities, or an individual willing to take responsibility for the child and who has a long-term vested interest in the child's well-being, particularly if neither parent can provide care.
If you're considering seeking custody of a child in Montour County and are unsure of the requirements, our Family Law Team can assist you. We'll help determine if you have a strong case and guide you through the process of filing a custody complaint with the courts.
How Does Montour County Resolve Custody Cases?
Custody cases start when a complaint is filed. There may also be a conference, mediation, and hearing before the matter is settled with the courts.
Filing a Custody Complaint
In most child custody cases in Montour County, the process begins with submitting a complaint for custody to the Columbia County Prothonotary Office (this office operates as the official clerk of courts for both counties). If the situation is urgent, such as when a child's health, safety, or well-being is at immediate risk, a petition for emergency relief can be filed, which is typically reviewed and resolved within a day. For cases that require prompt attention but aren't urgent, a petition for expedited relief may be filed, allowing the court to address the matter more quickly than a standard custody case.
Custody Officer Conference
If neither emergency nor expedited relief is needed, the case will be assigned to a custody hearing officer for a conference. Both parties will receive notification of the conference's date, time, and location. You and the other parent must attend this conference, as well as the child for whom the complaint is made. You cannot bring witnesses or evidence, however, as this conference is not a hearing.
Court Order
The custody officer will work out a custody arrangement with both parents and present this order to the court for approval. The court will then send you an order that approves the custody officer's recommendation—this order is legally binding. If either party violates it, it's a criminal offense.
Exceptions
If you don't agree with the custody officer's recommendation and want to appeal the final order, you have 20 days to file an exception. The exception is simply you asking the judge to modify the custody order. If you haven't already been working with a child custody lawyer up until this point, you should hire one to help you with appealing the final order. It's a complex process, and you don't want a small mistake to ruin your chances of getting a fair custody order.
Hearing
Once the exception is filed, the judge will schedule a hearing. During the hearing, both parties will have the opportunity to present evidence to support their positions. They can call witnesses and present documents. The judge or hearing officer will focus on what's in the child's best interests, which may lead to a custody arrangement that neither parent fully agrees with. If the judge decides to modify the order, this change will take effect as soon as the hearing is over.
The LLF Law Firm's Family Law Team supports families dealing with custody cases in Montour County and throughout Pennsylvania. We understand the significance of these matters and are prepared to protect your rights while pursuing a custody order that best serves your child's interests.
Although you don't need a lawyer to file a custody complaint, it's highly recommended that you have one. Our Family Law Team can help you fill out the custody form and ensure you do so correctly so the court has no reason to reject it. We can also prepare you for your custody officer conference so you know what to expect.
What if You Still Disagree with a Custody Order?
If you still seek to change the custody order after the exception and subsequent hearing, you have two options:
- File a motion for reconsideration with the judge who finalized your custody order.
- Appeal to the Superior Court of Pennsylvania, located at 530 Walnut St, Philadelphia, PA. This option is only available for up to 30 days after the judge's decision, regardless of whether a motion for reconsideration has already been filed.
You'll notice that there are often deadlines for changing your custody order. If you wait until these deadlines pass, your only option is to file a motion for reconsideration. Working with a child custody attorney at the LLF Law Firm can help ensure you file the necessary paperwork on time. We can deal with the courts for you and keep track of all new developments in your custody case.
Our team is ready to assist you whether you're the one contesting the custody complaint or the one being challenged. Modifying custody orders is complex, but we can guide you through the procedures.
What Happens if a Custody Order Is Violated in Montour County?
A child custody order is a legally binding court decision issued by a judge in Montour County, and failing to adhere to its terms is a serious matter. If a party doesn't comply with the order, they can be held in contempt of court, which may result in fines or even jail time. However, before any penalties are imposed, the other party must file a petition for contempt with the same court that handled the original custody case.
In cases where one party repeatedly violates the terms of the custody order, the other parent can request a modification to address these ongoing issues. For instance, if a parent consistently ignores the custody schedule or puts the child in harmful situations, the other parent may seek to modify the custody arrangement to protect the child's well-being.
The LLF Law Firm's Family Law Team has managed contempt petitions in Montour County. Whether you need help filing a contempt petition or defending yourself against one, our attorneys are ready to protect your rights and guide you through the legal process.
How to Change a Custody Order in Montour County
Custody orders in Montour County can be modified, but since they are legally binding documents outlining each parent's responsibilities for their child's care, any changes must be approved by the court. Even if both parents agree to the modifications, the proposed adjustments must still be reviewed and authorized by a judge. Making changes without court approval could result in both parents being held in contempt of the original order.
This process ensures that the child's best interests remain the priority rather than the convenience of the parents. To request a modification, a motion must be filed at the Montour County Courthouse, where a judge will assess the reasons for the request and determine whether the proposed changes are in the child's best interests.
The LLF Law Firm has experience assisting families in Montour County and across Pennsylvania with custody modification requests. Whether you're seeking to make changes or contest a modification, our attorneys are here to guide you through the legal process and protect your interests.
The LLF Law Firm Family Law Team Can Help with Your Child Custody Case
The LLF Law Firm is committed to guiding parents through child custody matters in Montour County. We work closely with you to gather all relevant information and build a strong case that advocates for your rights as a parent while keeping your child's best interests at the forefront. We understand that the court's primary concern is the child's well-being, and we tailor our approach to align with this focus.
If your custody order has been violated, we can assist you in enforcing it. Alternatively, if you're facing accusations of violating a custody agreement, we can provide a robust defense against contempt charges. In addition to resolving custody disputes, we also help parents reach mutually agreeable solutions. With our deep understanding of the Montour County court system, we are well-equipped to create custody agreements that are fair to both sides and likely to meet the court's approval. Ensuring that agreements comply with the court's standards is essential for their long-term enforcement.
If you're dealing with a child custody issue in Montour County, contact the LLF Law Firm at 888-535-3686 or fill out our contact form to arrange a confidential consultation. Your child's future is important—let us help you protect it.
