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For many people, the family court process in PA is intimidating and confusing to go through. While it seems daunting, there is a set family law court procedure in PA that must be followed. By understanding each step in the process, you can learn what to expect and how to ensure you’re fully prepared.

How the Family Court Process Works in PA

From child support to the custody hearing process, there are a few stages you will typically go through in the family court process. Depending on your case, you may need to determine divorce matters, child support, protection from abuse, or child custody. While this overall family law process can vary from one county to another, you can generally expect a fairly similar process.

• File a Complaint: First, someone files a complaint or petition with the court. For example, it could be a custody petition or a divorce complaint. These have to be filed in the county where one of the parties lives.
• Service of Process: Once this filing happens, the opposing party has to be served a copy of the paperwork so that they can respond if they want to. Legally, there are specific methods you must use to carry out this notification.
• Response: Typically, the responding party gets a set amount of time to respond to the petition or complaint. At the end of this period, the court has an initial hearing or conference that is informally conducted by a hearing officer.
• Mediation: As a part of the custody hearing process, Pennsylvania counties often have parents take part in a conciliation conference or mediation. The goal of this step is to help couples resolve disputes without needing litigation. 
• Discovery: Next, discovery and pre-trial motions will occur. During discovery, both sides will exchange financial records, witness lists, and other information. There may also be motions to address temporary orders, enforcement issues, or evidence disputes before the final hearing.
• Hearings and Trial: If you and your partner can’t reach a settlement, you’ll need to undergo a formal hearing or trial. Based on the witness testimony and evidence, the judge will make their decision.

Even after the judge’s decision, the case isn’t necessarily finished forever. If the situation significantly changes, custody modifications, updates to spousal support, and other adjustments can happen. Each party can also file appeals or post-trial motions if they think there was a legal error during the case. For help, talk to a Newfoundland lawyer about your upcoming family court conference, custody hearing, or divorce case today.

Do You Need a Lawyer for Family Court? 

While you aren’t legally required to get legal help, it’s a good idea to have an attorney on your side in family court. Custody issues, allegations of abuse, and child support can all be heated, complex issues to resolve. You need someone who understands family court in PA and how to build a strong legal argument. 

Even in less complicated matters, consulting with a lawyer for legal advice can provide peace of mind. More importantly, your attorney can help you avoid common mistakes that could derail your case. While Pennsylvania courts provide self-help materials about filing cases and family law court procedure in PA, court staff are prohibited from offering legal advice. When you’re dealing with something as important as the custody of your child or your future financial security, you don’t want to leave anything to chance.

What Happens During a Custody Hearing in Pennsylvania?

At a custody hearing in Pennsylvania, a judge, hearing officer, or custody conference officer listens to evidence and witness testimony about your case. Then, they must use this information to decide which custody arrangement will be in the best interest of the child.

During the custody hearing, each parent or their attorney will present an opening statement. Evidence and parental testimony, like school records and emails, will be used to demonstrate each side’s argument. Depending on the child’s age and maturity, the child could be asked to talk to the judge privately in the judge’s chambers about their preferences. In contested cases, the court may require a psychological assessment or custody evaluation.

With all of this information, the judge will decide on the child’s legal custody and physical custody. Pennsylvania law, under Title 23 Pa. C.S. § 5328, lists specific factors the judge must keep in mind when awarding custody, such as a history of abuse and the parent’s ability to give the child a stable home life. After careful deliberation, the judge will make their decision. 

What Happens If the Other Parent Ignores the Family Court Order?

During the custody hearing process, the court will issue orders that both parents are required to follow. If one parent doesn’t follow their instructions, the family court order will be enforced by the courts.

First, it’s important to remember that, even if the other parent doesn’t uphold their end of the bargain, you’re legally obligated to follow the family court orders in PA. You should carefully document any violation of the court order by the other parent. Then, you should file a petition for contempt in the same Pennsylvania court that gave you the original order. This petition will ask the judge to use penalties or other enforcement mechanisms.

The consequences for violating a custody order can vary. They may involve fines, court costs, mandatory counseling, make-up parenting time, or parenting classes. In serious instances, the parent may face a permanent change to their custody orders or jail time.

If the case is urgent and places the child in immediate danger, you can file a request for emergency custody relief. This type of option is generally reserved for instances of neglect, abduction, or abuse.

What Should I Do If I Miss a Court Date in PA Family Court?

If you missed your court date in family court, you should be proactive. Call the court clerk in the county where the court date was supposed to occur and explain what happened. They’ll be able to tell you about any ruling that happened when you weren’t there and what you should do next. 

You can file a petition to reconsider or a motion to vacate the order if the ruling was made in your absence. These types of petitions have really short deadlines, so you have to move fast. To get your request, you’ll need a valid reason for why you missed the court date. If you are able to get a new hearing scheduled, make sure to be on time for it.

Reach Out for Professional Legal Help

Understanding family law court procedure in PA can be challenging. At the Clause Law Group, we have spent years working with local families to resolve their divorce and custody cases. From filing for alimony to requesting an adjustment to a custody order, our team can help with all of your family law needs.

For more help with family court in PA, give us a call at (570) 676-5212.