Filing a Custody Complaint in Pennsylvania
For a child’s biological parents (assuming that their rights have not been terminated and for a father, that paternity has been established), the first step in suing for custody of a child is filing a Custody Complaint. Our child custody attorneys help parents and relatives file custody complaints, petitions to intervene, and modifications across Pennsylvania courts.
Custody Petitions by Grandparents or Other Relatives
Though grandparents and other individuals may sometimes also be able to file a Custody Complaint, it is often necessary for grandparents and others to first file a Petition to Intervene to prove that they have standing to file for custody of a child (standing means that a party is permitted to sue or seek redress from the court), as not every grandparent or other individual is legally able to sue for custody of a child. If there is an existing custody matter, once the Court grants standing to the grandparent or other individual, they will most likely need to file a Petition to Modify to seek custody of the child.
Custody Conciliation and Hearing Process
After the Custody Complaint has been filed, most counties in Pennsylvania have a process for the case to be heard by a “conciliator” or “hearing officer,” who is an attorney appointed by the county to listen to custody cases in their initial stages, rather than a judge. Some counties will first hold a brief “presentation” in front of a judge or conciliator, followed by a conciliation or custody conference before a conciliator. The purpose of a custody conciliation or custody conference is for the parties to reach an agreement on child custody or, if they cannot, to narrow the issues in dispute. If the parties reach a deal at a conciliation, an Order will be entered memorializing it. If the parties do not agree, they will typically be scheduled for a custody trial before a judge. However, some counties have an intervening mediation process that parties must complete before proceeding to court.
Custody Trials and Court Decisions
Once a case has been referred to the judge, the parties may be scheduled for a pre-trial hearing or status conferences before the trial, where they will further attempt to narrow down the issues to be presented at trial and update the Court on the status of the case (including whether they have been able to reach an agreement). Assuming the parties have not yet resolved their custody dispute, they will eventually have the opportunity to present evidence and testify in a custody trial before the judge.
Ultimately, the judge will issue an Order outlining the parties’ legal and physical custody rights and responsibilities, including the custody schedule they must follow, transportation provisions, the child’s school attendance, and many other provisions. The judge is not constrained by what the parties have requested. A judge may direct the parties to follow a custody schedule that differs significantly from what either party requested. If a party disagrees with the judge’s decision, they may appeal that decision to the Superior Court of Pennsylvania.
Speak With a Child Custody Lawyer in Camp Hill, PA
If you have questions about child custody, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys.