can hearing for custody take place when attorney disqualification is pending in pennsylvania

How stressful are Pennsylvania child custody cases?

For more information on child custody issues, or any other issues regarding support cases, divorce matters, pre-marital agreements, adoptions or grandparents’ rights, feel free to contact any of Willig Williams & Davidson’s Domestic Relations and Family Law attorneys at …

How is child custody determined in Pennsylvania?

Oct 05, 2021 · After a custody petition is filed, certain restrictions apply to the petitioner. Once the petition is served upon the other party (the respondent), those restrictions apply to the respondent as well. Both parties cannot do any of the following while a custody case is pending in court:

Do you need a family law attorney for child custody cases?

There are two aspects to child custody: legal custody and physical custody. You can share them with the other parent, called joint custody, or split them, with one parent having primary custody. Legal custody is the ability to make major decisions that affect the child’s life. This includes choices about religion, medical treatments, or ...

How does substance abuse affect child custody in Pennsylvania?

Custody and PFA FAQ. The Protection from Abuse order (PFA) in Pennsylvania helps victims of abuse seek legal protection from their abusers. The PFA is a type of protection order that one individual can take against another. In some cases, the PFA can protect the victim's children from abuse as well. When a PFA order names a child or children ...

How long does it take for a judge to make a custody decision in PA?

The trial before a judge will end within 90 days of when the schedule was entered, and are held on consecutive days if possible. If this is not possible, the hearing will be concluded in less than 45 days. The judge's decision will be filed within 15 days of the conclusion of the trial.Jul 7, 2017

Will police enforce child custody in PA?

Without a court order, police or the courts can enforce your custody agreement only if you believe your child is in immediate danger. If that is ever the case, don't wait to call the local police or the child abduction unit at the county district attorney's office.

At what age can a child refuse visitation in Pennsylvania?

At What Age Can My Child Refuse Visitation? Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. In fact, Pennsylvania law defines a "child" as an unemancipated individual under 18 years of age.

How long does a custody battle take?

There is no standard time frame and it can take between 6 to 12 months to achieve a final order. In most cases, it will take around six to eight weeks from when you first apply for the preliminary court hearing (step 4 above) to take place.Jan 13, 2021

Can the police enforce a Family Court order?

Though it is not particularly common, police may be able to get involved directly with your custody case. For example, police are legally able to enforce the order in situations where certain actions are taken that are directly prohibited by the order.Jun 21, 2021

What can I do if my ex won't let me talk to my child?

You Have Legal Rights! What you want to do is take your ex to court to enforce the child custody order. If you can prove that he or she is intentionally withholding the children from you, the court will take action to enforce the court orders.Jul 6, 2020

What makes a parent unfit in Pennsylvania?

What makes a parent unfit in PA? Any records proving mental or physical condition that makes the parent incapable of providing care for their child as well as criminal charges and drug use count as strong evidence to show that the parent is not fit to be awarded the custody.

At what age in PA can a child decide what parent to live with?

There is no certain age in Pennsylvania law that a minor child may decide with which parent to live. The Court will decide what's best for children when the parties cannot and interviews with everyone and consultations with experts may be needed.Jun 21, 2019

What is considered child abandonment in Pennsylvania?

Child abandonment occurs when a parent, guardian, or person in charge of a child either deserts a child without any regard for the child's physical health, safety or welfare and with the intention of wholly abandoning the child, or in some instances, fails to provide necessary care for a child living under their roof.Dec 27, 2018

Who is most likely to win a custody battle?

Editor's Choice. Parents settle 90% of child custody cases without a judge's ruling. The United States has about 12.9 million custodial parents.Jun 21, 2021

How do you win a custody battle against a narcissist?

The process of securing child custody against a narcissist is essentially the same as with anybody else. Both parents must either agree on a custody plan during mediation and take it to court to be approved, or they must fight over the specifics of their arrangement during litigation.

How can a narcissist win custody?

Key Takeaway About Beating a Narcissist in Family CourtDocument everything with facts, dates, and copies of any communications.If other people witnessed your spouse's behavior, tell your lawyer immediately.Remain calm during each court appearance or meeting involving your spouse.More items...•Mar 16, 2021

How long does it take to get a temporary order hearing?

When you decide to separate with or divorce your spouse, you should be prepared for a Temporary Orders Hearing. This notice may only give a few weeks or days to prepare.

What are the issues addressed in a temporary order hearing?

Generally, a Temporary Orders Hearing helps resolves issues concerning child support, spousal support, sale or possession of family home, and more.

What to do during a temporary hearing?

List all the names, addresses, and telephone numbers of possible witnesses you may need during the temporary hearing and; Write a summary of what the possible witnesses know and if they may need a subpoena. Make sure all your financial information is ready before the hearing.

How to support children in divorce?

Come up with a plane on how you will support your children as the divorce remains pending. Discuss all these points with your lawyer to help you pick only those that are relevant at the hearing. The hearing will take place before a judge, and the judge will hear evidence from the parties before making a decision.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What does it mean to let negative feelings lead to?

Letting any negative feelings lead to destructive behavior or poor judgment on your part is a quick way of painting yourself in a negative light before the judge and putting yourself at a huge disadvantage in court. With that in mind, we’ve drawn from our years of experience with family law cases and compiled a list of seven things you should ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

What happens if you contact a child before a custody order expires?

If you contact the plaintiff or children before the order expires, your accuser could use that is evidence against you in renewal of the order. If your custody rights were taken away as part of the protection order, you may have to re-negotiate custody and visitation arrangements once the order expires.

How long can you go to jail for violating the PFA?

If you're found to be in civil contempt, you could have jail time for up to six months.

What are the requirements for a protection order?

Potentially yes, a protection order can require a defendant to provide financial support to the plaintiff and children if there is a finding against you. If you have a duty to support your accuser and their children, the court may require you to pay for the following: 1 medical support 2 health coverage 3 unreimbursed medical expenses caused by your abuse 4 rent or mortgage payments

How to prevent a defendant from entering a plaintiff's home?

Prevent the defendant from entering the plaintiff's home—even if they share a home—as well as their school, business, or place of employment. Prohibit the defendant from contacting the plaintiff. Require the defendant to reimburse the plaintiff for expenses incurred as part of the abuse.

What is a PFA?

It's a type of restraining order, allowing an individual to request legal protection from abuse or the threat of abuse by another individual. You can only file a PFA against a member of the family or household, an intimate partner, or the co-parent of your child. A PFA orders the defendant (the person it's filed against) to stop abuse, threats, ...

How long does a temporary PFA last?

The temporary PFA usually lasts for 10 days; after that time, the Montgomery County Family Court will schedule a final PFA hearing.

Where is the PFA hearing in Montgomery County?

PFA hearings also take place at the Montgomery County Courthouse in Norristown. The court determines the date and time of the hearing. If you're served with a PFA, the order will state the date, time, and location of your hearing.

What happens if you can't reach an agreement on custody?

If parties cannot reach an agreement on a custody arrangement, they may be ordered to participate in mandatory educational and/or mediation sessions. If an arrangement still cannot be reached, court intervention may be necessary.

What factors are considered when determining custody?

The court will take many factors into account when determining custody. Depending on the child ’s age, intelligence and maturity , the child’s preference can be taken into consideration. Other potential factors include the parties’ work schedules and past abusive conduct on the part of either party.

What is the best interest of a child in Pennsylvania?

Long-standing law in Pennsylvania is that the most important consideration when determining custody is the best interest of the child. To determine the child’s best interests, the court must look at all factors that legitimately impact the child physically, intellectually, morally and spiritually.

How is child support determined?

Support obligations are determined by calculating the disparity in parties’ incomes. If a child spends 40% or more overnights per year with a noncustodial parent, a rebuttable presumption exists that the noncustodial parent is entitled to a reduction in their child support obligation.

How long can a child stay with his grandparents?

If an unmarried child has resided with his grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child.

Can a grandparent have a child in Pennsylvania?

Yes. In Pennsylvania, the Grandparents Visitation Act provides grandparents with automatic standing to bring a petition for physical and legal custody of a grandchild. If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, ...

Can a party have custody of a child?

Visitation differs from custody. If a party has “visitation rights” they are not permitted to take actual physical custody of the child. The party is simply allowed to spend time with the child while the child is in control of another person.

Can your ex-spouse portray you in a negative light?

If you’re not careful, it can be very easy for your ex-spouse to portray you in a negative light. Evidence submitted to the court from Facebook or other social media sites can be extremely damaging. The same goes for voice mails, emails and texts.

Can a parent get into trouble for child custody in Pennsylvania?

Any parent who even casually uses alcohol and/or drugs will likely run into trouble when seeking child custody. Pennsylvania family court judges take claims of substance abuse very seriously, and these allegations will be investigated by the court.

Can you disparage your ex in a child custody case?

Conversely, if you consistently disparage your ex or attempt to negatively influence your child’s relationship with the other parent, it can be very damaging to your claim for custody . One of your main goals throughout a PA child custody case should be to demonstrate to the court that you will promote the best interests of your child.

What happens if a defendant violates probation?

If a defendant finds him or herself accused of violating probation or parole, and if the defendant is in fact found to be in violation, the consequences can be more severe than when the defendant first faced sentencing. For this reason and others, it is critical to understand how probation and parole violations in Pennsylvania are addressed, ...

What is the burden of proof in a Gagnon II hearing?

The burden of proof is less stringent in a Gagnon II hearing than it is in criminal trials. At a revocation hearing, the Commonwealth of Pennsylvania, generally through the District Attorney's Office of the applicable county, need only prove a violation of probation by a "preponderance of the evidence.". In a criminal trial, the burden of proof is ...

What is the burden of proof in a criminal trial?

In a criminal trial, the burden of proof is "beyond a reasonable doubt.". There is a major difference between the two burdens, and a person accused of violating his or her probation or parole is in a much weaker position from the standpoint of whether the Commonwealth of Pennsylvania can meet its burden of proof against the accused.

What is the Gagnon II hearing?

This hearing is called the Gagnon II hearing, which is also known as the violation of probation hearing, or the "VOP" hearing. The Gagnon II hearing will, in most instances, take place before the judge who sentenced the defendant (the "back judge," because the defendant knows faces his or her "back" time, which is the time remaining on ...

What is the issue that arises when a person is accused of violating his or her probation or parole?

When this happens, the defendant can actually find him or herself in a more tenuous position than when initially sentenced. The reason being that the defendant's back judge (the judge who sentenced the defendant) can regard a violation ...

Is probation a curse?

Probation or parole can be a curse when a person is accused of violating, and at times, people on probation or parole may be doing everything that is expected of them, and but for a difficult probation officer, or unreasonable expectations, a person can finds themselves facing a situation that is not deserved.

Is probation better than incarceration in Pennsylvania?

When a defendant is placed on probation or parole in Pennsylvania, this will be better than the standard alternative of incarceration. Granted, a defendant may have to serve a period of time in jail or prison prior to being paroled or serving a period of probation, known as a probation "tail," but in arguably all instances, ...

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