Child custody matters can be emotionally intense and legally complex—especially in Pennsylvania, where the law requires judges to consider the best interests of the child. If you live in Lackawanna County, knowing what the court looks for and how the process works can make a world of difference in your case.
At Clause Law Group, we represent parents across Northeast Pennsylvania and help them navigate custody arrangements that protect their children and preserve their rights.
Types of Custody in Pennsylvania
In Pennsylvania, custody is divided into two broad categories:
- Legal Custody – The right to make major decisions (e.g., education, healthcare, religion)
- Shared or Sole
- Physical Custody – Where the child lives day to day
- Primary, Shared, Partial, Supervised, or Sole
Most families in Lackawanna County have shared legal custody and a combination of shared and primary physical custody, depending on the child’s needs.
Factors Judges Consider in Lackawanna County Custody Cases
Judges in the Lackawanna County Court of Common Pleas evaluate 16 statutory factors under 23 Pa.C.S. § 5328, including:
- Which parent is more likely to encourage a relationship with the other parent
- The parental duties each party performs
- The child’s preference (if mature enough to express one)
- Any history of abuse or criminal activity
- Each parent’s availability and willingness to care for the child
No single factor is controlling. Instead, judges weigh them holistically.
The Custody Process in Lackawanna County
1. Filing a Custody Complaint
The process starts by filing a Custody Complaint at:
📍 Lackawanna County Family Court
123 Wyoming Ave, Scranton, PA 18503
Phone: (570) 963-6723
2. Custody Conciliation Conference
Most custody cases begin with a conciliation before a custody conference officer. This is a chance to work out an agreement without a formal court hearing.
If no agreement is reached, the matter proceeds to a custody hearing before a judge.
3. Emergency Custody
In cases of abuse or serious harm, a parent may file a Petition for Emergency Custody, which can lead to a temporary order within 24–72 hours.
Common Questions from Parents in Scranton and Beyond
Can my child choose which parent to live with?
Yes—but only if the judge finds the child old enough and mature enough to express a preference. The preference is one of many factors and is not always decisive.
What if the other parent violates the custody order?
You can file for Contempt of Court and ask the judge to enforce the order, modify the arrangement, or impose penalties.
Do I need a lawyer?
Yes. Even if the case begins cooperatively, custody arrangements impact your legal rights and your child’s well-being. Our firm helps parents prepare for hearings, present evidence, and negotiate parenting plans.
Why Clause Law Group?
We bring nearly 40 years of combined legal experience helping parents in Lackawanna County, including Scranton, Dickson City, Clarks Summit, and beyond. Our legal team understands the court’s process and what local judges expect.
📞 Call (570) 676-5212
📍 Meet us in Newfoundland, PA – just a short drive from Scranton
📨 Schedule a confidential custody consultation
