Child Custody Lawyers

All child custody matters in Lehigh County & Northampton County start with the filing of a child custody complaint or petition. An original action, in a case where the parties have never previously been to court, starts with the filing of a child custody complaint. In a case where a custody order already exists, the party seeking judicial intervention will file either a Petition to Modify Child Custody if they disagree with the current custody schedule or circumstances or a Contempt of Child Custody Order Petition if the other party is not abiding by the current child custody order.

A child custody conference is the first court appearance in a child custody case. The conference is presided over by a Child Custody Master or Hearing Officer, a neutral, court appointed, lawyer. The goal of a child custody conference is to reach an agreement without taking testimony.

The children and third-party witnesses are typically not permitted at a custody conference.

The Master or Hearing Officer will summarize the disputes between the parties and submit a report to the Judge who will eventually preside over a trial if no agreement is reached.

A pre-trial conference is held in front of Judge of the Court of Common Pleas. A pre-trial conference is a second attempt by the Court to broker an agreement between the parties in a child custody case.

If an agreement cannot be reached, the Judge will address legal issues that may arise during trial as well as scheduling matters.

A trial is the first and only opportunity for each side to call witnesses and present formal evidence to the Court in a family law case. A child custody trial may be a multi-day event and requires a significant amount of preparation by the parents and their attorneys.

Other hearings that may occur in a child custody case may include Relocation Hearings, Contempt Hearings, Intervention Hearings and Emergency or Special Relief Hearings.

In Northampton County, Lehigh County and in Pennsylvania in General, the Court is required to look at a number of factors to determine which parent or party should have custody and how much time with the child each parent should have. These custody factors include:

1. Which party is more likely to encourage and permit frequent and continuing contact between the child and another party?

2. Is there present and past abuse committed by a party or member of the party’s household?

3. What are the parental duties performed by each party on behalf of the child?

4. What is the need for stability and continuity in the child’s education, family life and community life?

5. What is the availability of extended family?

6. What are the child’s sibling relationships?

7. What is the well-reasoned preference of the child, based on the child’s maturity and judgment?

8. Have there been attempts of a parent to turn the child against the other parent?

9. Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child that is adequate for the child’s emotional needs?

10. Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child?

11. What is the proximity of the parties’ residences?

12. What is the availability of each party to care for the child or their ability to make appropriate child-care arrangements?

13. What is the level of conflict between the parties and which party is responsible for the conflicts?

14. What is the history of drug or alcohol abuse of a party or member of a party’s household?

15. What is the mental and physical condition of a party or member of a party’s household?

16. Any other relevant factors that should be considered

In the Lehigh Valley, and Pennsylvania in general, there are two different types of custody, legal custody and physical custody. Legal custody is the ability to make determinations regarding the child’s education, health and religious upbringing amongst other things. Physical custody refers to the quantity and quality of time each person is awarded with the child

The common types of Legal Custody are as follows:
• Shared Legal Custody – Both parents must consult with each other to make determinations regarding the child’s education, health and other activities.
• Sole Legal Custody – One parent is given sole discretion to make decisions regarding the child’s education, health & well-being.

The common types of Physical Custody are as follows:
• Shared Physical Custody – Both parties will have roughly equal periods of time with the child(ren).
• Primary Physical Custody – One parent will exercise the majority of actual custody of the child while the other parent may have every other weekend and/or longer periods of custody in the summer.

Contact our Easton Family Law Attorneys to learn more.

In Northampton County the Court will often order co-parent counseling in contested custody cases. The purpose of the co-parent counseling is two-fold.

The custody court often hopes that the counseling will lead to better relationships between the parent and eventually they will be able to co-parent without Court intervention. On the other hand, if the party are unable to resolve their differences the co-parent counselor will be called to testify at trial and guide the Court in its custody determination.

This often makes the co-parent counselor the most important witness at trial and establishing a good relationship with the counselor an imperative for litigants.

Contact our Easton Child Custody Attorneys to learn more.

Succeeding in Co-Parent Counseling can be of the utmost importance to your Easton child custody case. Always make sure to do the following:

1. Make a great first impression.
2. Show an effort to avoid litigation.
3. Be reasonable with the other parent.
4. Show the counselor that you have your child’s best interests at heart.
5. Never allow yourself to belittle or berate the other parent in front of the counselor.

Contact our Pennsylvania Child Custody Lawyers in Easton to learn more.

1. Court monitored communication mediums
2. Home Studies
3. Reunification Counseling
4. Urine Screening
5. Supervised Visitation
6. Psychological Evaluations

Contact our Family Law Attorneys in Easton, Pennsylvnia to learn more

Filing for child custody in Northampton or Lehigh County requires a formal complaint be filed with the family court. In addition to the legal language the complaint must now contain a criminal background check form and a parenting plan.

The initial complaint comes with a filing fee of approximately $150, depending on the county. Afterwards, additional filings are usually free of a filing fee.

Contact our Easton Custody Attorneys to learn more.

Ideally, no. But one way or another, things are not ideal if a party is resorting to the court system. If the other party hires a top custody attorney in the Lehigh Valley and you go without an attorney you may find yourself at a serious disadvantage.

If there is a current order in place you will often need the court’s permission to move. If there is no order in place the courts are currently split on whether or not permission is needed. Either way, if considering a move, it is best to speak with a child custody attorney in Easton, Pennsylvania first.

The court can appoint a guardian ad litem, GAL, for a child and it can appoint an attorney for the child. The GAL is an attorney who’s purpose is to advocate for the child’s best interest but not for the child’s wishes. An attorney for the child advocates for the child’s wishes even if they are not in the child’s best interest. It may sound odd that these could be two different things but it happens frequently.

Contact our Easton Family Law Attorneys to learn more.

Generally speaking, Yes, you must still send the child to the other parent if the custody order requires it. However, the fact that the child does not want to visit their parent should be quite concerning and a petition to modify custody is likely recommended.

Call the Family Lawyers in our Northampton County Child Custody Office to learn more.

Yes and No. Having full custody makes it more likely that you will be able to change your child’s name after the appropriate legal steps are followed. However, you must still follow the name change procedure to do so. If you are interested in changing your child’s name, contact one of our Child Custody Attorneys in Easton, Pennsylvania.