When you and your spouse are separating or divorcing, deciding on child custody can be one of the most challenging aspects of the process. Finding an arrangement that works best for your child and your family can be tough, even if you and your spouse generally agree on how to move forward.
While both of you want what's best for your child, even if you agree on the care plan, you'll still need to go through the courts to obtain an enforceable custody order. In Wyoming County, the Court of Common Pleas Domestic Relations Court, also known as Family Court, handles all child custody matters.
At the LLF Law Firm, we understand how stressful this process can be for your family. Whether or not there's a dispute over the custody terms, we're here to protect your rights. Call our offices at 888-535-3686 or fill out our confidential contact form to get in touch with us.
Where Does Wyoming County Hear Custody Cases?
The Domestic Relations Court is in the Wyoming County Human Services Building at 819 Hunter Highway Ste. 2, in Tunkhannock. This is where you will file custody complaints, submit documents, and attend family court hearings. It's likely that all of your child custody proceedings will take place at this location.
Judges and officers who specialize in domestic relations will oversee your child custody case. Besides custody matters, the Wyoming Family Court also handles cases involving child and spousal support.
Types of Child Custody
In Pennsylvania, there are two types of custody: physical custody and legal custody, and it's important to understand the difference when seeking a custody order. When a judge in Wyoming County issues a custody order, they will address both.
Physical custody refers to the parent who is responsible for the child's everyday needs, such as providing food, clothing, and shelter, and ensuring they attend school, activities, and medical appointments. Physical custody can be awarded primarily to one parent or shared between both, allowing each parent significant time with the child. In some cases, one parent may have sole custody, while in others, one parent may have limited visitation, potentially supervised by a court-appointed agency or monitor.
Legal custody, on the other hand, relates to the authority to make major decisions about the child's upbringing, including decisions about education, religion, and medical care. Legal custody can be shared between both parents or granted to one, and it doesn't always align with who has physical custody.
When considering which parent should have physical or legal custody of children, the courts generally try to split things as evenly as possible between both parents. Of course, this arrangement doesn't work for every situation, but the goal is usually for the child to have both parents be a significant presence in their life. At the LLF Law Firm, we can help you negotiate an agreement that covers both types of child custody and presents the best arrangement for your family. Our goal is always defending your rights as a parent while keeping the child's best interests in mind.
What Do You Need to Seek Custody in Wyoming County?
In most cases, a child must have lived in Wyoming County for at least six months before the Family Court will consider a custody complaint involving the child. However, there are exceptions, such as if the child is under six months old or in cases of abandonment or abuse.
Only certain individuals are eligible to file for custody. Depending on the situation, those who may have the legal standing to initiate a custody case include a parent, a grandparent, someone who has taken on the role of caregiver and assumed parental responsibilities, or a person willing to take responsibility for the child and who has a long-standing interest in the child's well-being, particularly if neither parent is able to care for the child.
If you're considering seeking custody of a child in Wyoming County but aren't sure what requirements you need to meet, the LLF Law Firm Family Law Team can help. We can let you know whether you have a strong case and help you file a custody complaint with the courts.
How Does Wyoming County Resolve Custody Cases?
Depending on the situation, the custody process could go through several steps, including filing a complaint, having a conference, potential mediation, and possibly having a hearing.
Filing a Custody Complaint
In most child custody cases in Wyoming County, the process starts by submitting a "Complaint for Custody" to the Family Court. If the situation is urgent, such as when a child's health, safety, or well-being is in immediate danger, a petition for emergency relief can be filed, which is usually reviewed and decided within a day. For matters that need prompt attention but aren't immediate threats, a petition for expedited relief may be filed, allowing the court to address the issue more quickly than it would in a standard custody case.
Custody Hearing Officer Conference
If neither emergency nor expedited relief is sought, the case will be assigned to a custody hearing officer for a conference. Both parties will receive notice of the date, time, and location of the conference. During the meeting, the hearing officer will work with both parties to try to reach an agreement on custody terms. If an agreement is made, the court will review it to ensure it serves the child's best interests. Working with an attorney from the LLF Law Firm helps ensure that all key issues are covered and that the agreement is likely to meet the court's standards.
Mediation
If no agreement is reached during the conference, the matter will be referred to the judge. In some cases, the judge may suggest that both parties work with a mediator—an impartial third party skilled in conflict resolution—to help negotiate the custody terms and potentially reach a settlement.
Hearing
If mediation fails to produce an agreement, the case will proceed to a formal hearing before either the hearing officer or the judge. During the hearing, both parties will present evidence, including witnesses and documents, to support their arguments for custody. The judge or hearing officer will prioritize the child's best interests, which could result in a custody arrangement that neither parent is fully satisfied with.
If the hearing is conducted by a hearing officer, they will issue a recommended custody order, which is typically signed by the judge to become the official order. Whether the parties reach an agreement, the hearing officer proposes the order, or the judge directly handles the case, 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 extensive experience helping clients with child custody cases in Wyoming County and across Pennsylvania. We understand how important these cases are and are ready to help protect your rights and pursue a custody order that best serves your child's interests.
What to Do if You Disagree with the Custody Order
If a child custody dispute was decided 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. These exceptions should outline any objections or concerns with the proposed custody arrangement. Once exceptions are filed, a judge will hold a hearing to review them, giving both parties the opportunity to present arguments for or against the Hearing Officer's recommendation.
If the custody case was heard directly by a judge and one party disagrees with the order, there are two possible courses of action:
- 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 must be done within 30 days of the judge's custody order, regardless of whether a motion for reconsideration has been filed.
At the LLF Law Firm, our team can help you if you're contesting a custody order or if another party is challenging a custody order you want to keep in place. Changing custody orders can be complex, and our Family Law Team is well-versed in the laws and procedures involved.
What Happens if Someone Violates a Custody Order in Wyoming County
Since a child custody order is an official court ruling issued by a judge in Wyoming County Family Court, violating its terms is a serious matter. The party who fails to comply with the order can be held in contempt of court, which may lead to fines or even imprisonment. However, before these penalties can be enforced, the other party must file a petition for contempt with the court that originally handled the custody case.
In cases where one party repeatedly violates the terms of the custody order, the other party can request that the court modify the order to prevent future violations. This may occur, for example, when a parent consistently fails to follow the custody schedule or repeatedly places the child in unsafe situations.
The LLF Law Firm Family Law Team has experience with contempt petitions in Wyoming Family Court. Our attorneys are ready to help you file a contempt petition or defend against one, ensuring your rights are protected.
How to Change a Custody Order in Wyoming County
Custody orders can be modified in Wyoming County, but since they are legally binding and outline each parent's responsibilities for their child's welfare, any changes must be approved by the court. Even if both parents agree to modify the terms, these adjustments must still receive a judge's approval. Making changes to the custody order without court authorization could result in both parents being found in contempt of the original order.
This requirement ensures that the child's best interests remain the priority, rather than the convenience of either parent. To request changes, a motion for modification must be filed with the Wyoming County Family Court. The judge will then review the reasons for the request and decide whether the modification serves the child's best interests.
In some cases, only one parent may wish to change the custody order. In such instances, that parent must file a motion outlining the desired changes and explaining why they are necessary. The court will then hold a hearing, allowing both parents to present their views before the judge decides whether to approve, deny, or modify the order.
The attorneys at the LLF Law Firm assist families across Wyoming County and Pennsylvania with custody modification requests. Whether you're seeking a change or opposing one, we are here to guide you through the process.
How the LLF Law Firm Can Help with Custody Issues in Wyoming County
The LLF Law Firm helps parents navigate child custody matters in Wyoming County. We'll work closely with you to gather all the necessary information to build a strong case and advocate for your rights as a parent. At the same time, we always keep your child's best interests at the forefront, knowing that the court prioritizes the well-being of children in custody decisions.
If your custody order has been violated, we're here to help you enforce it. If you've been accused of violating the custody agreement, we can provide a solid defense against any contempt charges. In addition to resolving custody disputes, we also help parents come to mutual agreements. Our attorneys have a deep understanding of the Wyoming Family Court system, which allows us to develop custody agreements that are acceptable to both parties and more likely to be approved by the court. Reaching an agreement that won't be accepted by the judge serves no purpose.
If you're facing a child custody issue in Wyoming County, contact the LLF Law Firm Family Law Team at 888-535-3686 or use our contact form to arrange a confidential consultation. Your child's future is important—let us help you protect it.
