Custody Matters Scheduled Before a Judge

Custody Matters Scheduled Before a Judge

  • Judicial Conciliation
  • Trial/Hearing
  • Motions

Judicial Conciliations or Custody Trial/Hearing:

If your case has been scheduled for a judicial conciliation or custody trial/hearing before the assigned judge, please carefully review the scheduling order for all information regarding the event, as the requirements and your responsibilities may differ from previous proceedings. The information contained does NOT replace language, instructions, and your responsibilities contained in any scheduling order.

Motions:

Motions in custody matters must be presented to the judge assigned to the case barring exigent circumstances.

  • If you need to file a motion on your custody case and you are represented by an attorney, please consult your attorney and the Judge’s Standard Operating Procedures.
  • If you need to file a motion on your custody case and you are unrepresented and have a prepared motion that needs scheduled, you may appear at the Family Law Center, First Floor Information Desk. Further information for Self-Represented Litigants is HERE

Custody Proceedings and Judicial Considerations

If a custody matter is before a Judge, the Court will make decisions based on the best interests of the child. Pennsylvania law outlines 16 Custody Factors that the Court must evaluate when determining custody arrangements. These factors include:

  1. Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
  2. The present and past abuse committed by a party or member of the party’s household and whether there is a continued risk of harm to the child.
  3. The parental duties performed by each party on behalf of the child.
  4. The need for stability and continuity in the child’s education, family life, and community life.
  5. The availability of extended family.
  6. The child’s sibling relationships.
  7. The well-reasoned preference of the child, based on the child’s maturity and judgment.
  8. Any attempts by a party to turn the child against the other party, except in cases of domestic violence where safety measures are necessary.
  9. Which party is more likely to maintain a loving, stable, consistent, and nurturing relationship with the child.
  10. Which party is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child.
  11. The proximity of the residences of the parties.
  12. Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
  13. The level of conflict between the parties and the willingness and ability of the parties to cooperate.
  14. Any history of drug or alcohol abuse by a party or a member of a party’s household.
  15. The mental and physical condition of a party or member of a party’s household.
  16. Any other relevant factor.

Preparing for Court

To ensure an efficient and productive hearing, please consider the following:

  • Bring all required documentation and evidence to support your case.
  • Arrive on time and dress appropriately for Court.
  • Be prepared to answer questions related to the 16 Custody Factors.
  • If applicable, provide any evidence related to Kayden’s Law considerations.
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