§ 5471, relating to intrastate application of the Uniform Child Custody Jurisdiction and Enforcement Act. Pennsylvania Divorce Laws There are several types of custody orders, all of which legally mandate how a child must be cared for. Modification and Enforcement of Pennsylvania Custody Orders Once a Pennsylvania custody order has been entered, the family courts expect that both parents will comply with the terms of the Pennsylvania custody order. Pa. R.C.P. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. It is an infrequently laid charge, but it can be attempted. If someone violates a custody order, then he/she can be subject to a fine, imprisonment or other remedies. Disclaimer. Pennsylvania Child Support Guidelines Microsoft Edge. 8 likes. A custody order is a written order signed by a judge. If you believe the other parent has kidnapped your child, reach out immediately. Enforcing a Custody Order If someone violates the provisions of a custody order, a party can file a Petition for Contempt along with a Notice and Order to Appear. Do the police have to enforce a child custody court order in Minnesota? Author’s note: This story was updated with new information on Thur., April 2. After you have a court order, your enforcement options include: negotiating with the other parent to reach an agreement that works better Law enforcement agencies are attempting to create safer environments for custody exchanges to occur. Child custody matters are never easy, emotionally or legally. Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody matters. However, you do have the ability to file charges of interference with custody against her. Search, Uniform Child Custody Jurisdiction and Enforcement Act, mental and physical condition of the parties; and. If you are a PFA plaintiff, we can help to maximize your child custody time while also working to ensure that you and your child receive the protection you require. Pennsylvania Statutes Title 23 Pa.C.S.A Section 5328(a) (Factors to Consider when Awarding Custody). Pennsylvania has child custody laws which address the determination of child custody, visitation, child support, and many other family law issues. Overview of Child Custody Orders. But that changes if the child custody arrangement is part of a Protection From Abuse (PFA) Order. In ordering custody, courts will determine the best interest of the child by considering all "relevant factors". If a parent does not comply with the Pennsylvania order, a contempt action can be initiated against them. A party to a child custody proceeding, including a modification proceeding or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this Commonwealth for another proceeding or purpose solely by reason of having participated or of having been physically present for the purpose of participating in the proceeding. Once a child custody and visitation agreement is approved by the court, all parties involved are required to adhere to its provisions. If you think you may face or are already facing child custody issues, it's a good idea to get in touch with a skilled Pennsylvania child custody attorney who will be well-versed in the state's laws and can explain how they apply to your situation. Yes, you can call the police, but do you really want your children to see that circus? © Copyright 2020 by Spivak Law Firm. § 4109 (relating to child custody proceedings during military deployment), this section shall apply to any custody order entered by a court of this Commonwealth or any other state subject to the jurisdictional requirements set forth in Chapter 54 (relating to uniform child custody jurisdiction and enforcement). Learn about Child Custody in Luzerne County, PA. How child custody works in Pennsylvania, find and use the Luzerne County family law court, find a good child custody lawyer, get help creating a parenting plan, and enforce a child custody order. Privacy Policy. Long-standing law in Pennsylvania is that the most important consideration when determining custody is the best interest of the child. Pennsylvania child custody lawyers provide answers to frequently asked questions with regards to Pennsylvania child custody and custody laws. abuse or kidnapping). File a Motion to Enforce the Existing Custody Order. Please use the appropriate affidavit of service form for the mode of service you will use. Visit our professional site », Created by FindLaw's team of legal writers and editors Visit the clerk of court to file a motion asking a judge to enforce the existing child custody order. If you are afraid for your child's safety, don't hesitate to call the local police. It is not uncommon to see custody orders – both orders entered by North Carolina courts and orders from other states – containing language such as “Law enforcement officers shall assist in the enforcement of this custody order,” or “Law enforcement shall pick up the minor child and deliver the child to the custodial parent.” Except as provided in 51 Pa.C.S. Physical custody –There are five types: Shared – More than one party is allowed to take physical custody of the child, and each of them The court must explain the reasons for its order in open court or in a written opinion or order. Instead, you can file a motion for contempt requesting a hearing, have a mini-trial on whether the other parent really was in contempt, and then, if you win, receive make-up time with your child and maybe some money for your attorney’s fees. | Last updated April 13, 2018. 440 states the options for service of legal papers other than original process. Pennsylvania was the child's home state within the last six months and the parent filing for custody continues to live in Pennsylvania and the child is absent from the state because another person took them out of Pennsylvania claiming custody. Pennsylvania recognizes parental contact and support as important for a child's development, so courts will try to grant at least some visitation rights to non-custodial parents in most situations. "Relevant factors" include the following: Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. The courts consider a number of factors that may affect the child's physical, mental, emotional, and developmental well-being. A court order is a ruling issued by a judge. Note that although police enforcement of a custody order is a possibility in theory, in practice your local law enforcement may be unwilling to become involved in a family dispute unless the violation of the order involves criminal infractions (e.g. This chart provides you with a helpful explanation of the factors determining child custody in Pennsylvania. 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