Parenting duties performed by each party for the child. This chart provides you with a helpful explanation of the factors determining child custody in Pennsylvania. Bring the certified copy of the child custody order to the police department because officers will need it to verify that the child custody order exists and is being violated. Only call the police for serious situations. While there is value in reading the law as originally written in its statutory form, understanding the meaning is often easier when it's in plain English. Community Factors affecting the child's safety will be given weighted consideration. Spivak Law Firm provides strong, aggressive representation for plaintiffs and defendants in all PFA and child custody matters. This article will provide a brief overview of the child custody laws in Pennsylvania. Without a court order, police or the courts can enforce your custody agreement only if a child is in immediate danger. Contempt Charges for Child Custody Violations. Any history of drug or alcohol abuse and the current mental and physical conditions of the parent and those in their household. Pennsylvania Child Support Guidelines These considerations may include: The courts, however, may not consider gender in their determination. Visit the clerk of court to file a motion asking a judge to enforce the existing child custody order. Physical custody –There are five types: Shared – More than one party is allowed to take physical custody of the child, and each of them Please try again. 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. Please use the appropriate affidavit of service form for the mode of service you will use. But that changes if the child custody arrangement is part of a Protection From Abuse (PFA) Order. 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.” Examples of common child custody order violations include situations where the other parent constantly picks up or returns the child late, or even keeps the child overnight contrary to the court order. Pennsylvania's child custody laws include a gender-neutrality provision to overcome favorable and unfavorable biases towards both genders and help ensure each parent has an equal custody right to their child. All rights reserved. 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. Unless expressed consent from a judge in the language of the custodial agreement in that district, the police cannot enforce a civil order of custody. Who will get custody of our child? Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. This can include a child’s biological or legal parents, as well as stepparents … Let's make police enforce child custody orders in Pennsylvania. When you have problems it is important to know that there is a formal procedure to follow to have a custody arrangement enforced immediately. In other words, the relief is limited and may take a long time to achieve. If you are afraid for your child's safety, don't hesitate to call the local police. If, for example, you are having difficulty getting a parent to return a child at the agreed-upon time, the only possible solution may be a change in the custody agreement that penalizes the parent by providing less time or ordering supervised custody. A presumption for joint custody exists when both parents are found to be competent caregivers. "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. 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. Order is a written opinion or order by a judge if your ex violates a must. 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