What To Expect at a Custody Hearing in Pennsylvania
Family Law
At a custody hearing in Pennsylvania, a judge must determine what type of legal custody and physical custody is in the best interests of the child. These hearings follow Title 23 of the Pennsylvania Consolidated Statutes.
As a parent, attending these hearings can be stressful. When your child’s fate remains in the balance, the procedures, evidence rules, and other requirements can feel intimidating. By working with an experienced Pennsylvania child custody lawyer, you can learn more about what to expect from the process.
What Happens at a Custody Hearing in Pennsylvania
There is an entire legal process that must occur before, during, and after a custody hearing in Pennsylvania. While each case is different, you can generally expect the following family court process for a custody hearing.
Before the Hearing: Mediation and Pre-Trial Conferences
Before the hearing happens, one parent has to file a custody complaint in the Court of Common Pleas. Afterward, mediation or a conciliation conference is arranged within the next 45 to 60 days. This meeting is facilitated by a custody master or custody conference officer, so both parties have an easier time reaching an agreement.
The officer may meet with the child present, or they may meet everyone separately. If the parents reach an agreement during the conference, it can be entered as a court order. When an agreement isn’t reached, the officer may recommend temporary or permanent custody. However, this recommendation can be contested by either parent.
Before a full hearing happens, some counties in Pennsylvania may require a pre-trial or status conference. These are opportunities for the judge to determine which issues are disputed so that the trial can be streamlined.
To have a successful appearance in court, you should be prepared before the hearing happens. Gather school records, visitation schedules, medical records, and other documentation to demonstrate your involvement in the child’s life. You may also want to bring in witnesses, like teachers, doctors, or neutral third parties. Often, courts give more weight to objective third-party witnesses.
Finally, you’ll also need to get your own testimony ready. For example, you’ll need to talk about the child’s needs, your parenting routines, and your willingness to work with the other parent. Your PA child custody attorney can review your testimony with you to make sure you’re ready for the hearing.
During the Hearing: What To Expect From Your Custody Hearing
On the day of the custody hearing, both sides will get to make opening statements. Then, they’ll be given an opportunity to present evidence, talk to witnesses, and provide parental testimony. You or your attorney will have a chance to cross-examine the other parent’s witnesses.
The entire focus of the hearing is the child’s best interests. The judge isn’t trying to punish parents or take away your rights.
Arguing and combative behavior can negatively impact the court’s view of a parent’s fitness to care for their child. While it’s difficult to stay calm at times, it’s important to stay as respectful and relaxed as possible.
Although it’s unlikely your child will need to testify in open court, the judge may talk to them privately. This will normally be done in the judge’s chambers. Because Pennsylvania doesn’t have a set age at which children can begin taking part in the custody process, your child’s involvement depends on a combination of their maturity level and age.
All custody hearings are carried out with the goal of determining the best interests of the child. This legal standard includes 16 factors, listed in 23 Pa.C.S. § 5328(a), that must be considered as the judge makes their decision. Factors that involve the child’s safety are given extra weight, so a parent who has abused or endangered their child is less likely to have a positive outcome.
Legally, the judge is required to explain their reasoning when they make a decision. If you are displeased with the outcome of the case, you can use this reasoning as a guide for changes that need to be made before seeking an adjustment to your custody decision.
After the Hearing: Following the Custody Order
Once the judge issues the custody order, both parents are required to follow it. Even if the other parent doesn’t follow the order, you are still bound to follow the order until a court modifies it. To achieve a modification, you must file an appeal or petition. However, there must be a significant change in the situation for a judge to approve your request.
Work With a Professional Child Custody Attorney
At the Clause Law Group, we help parents in Wayne, Pike, Monroe, Lackawanna, and Luzerne Counties with child custody cases. Our lawyers understand how the custody hearings work, so we can help you be fully prepared. From compiling evidence to negotiating with the other party, our team can help you have a simpler, more convenient process.
Learn more by giving us a call at (570) 676-5212 today.
