Blair County Custody Local Rules

Overview of Custody Proceedings in Blair County

The following rules govern custody actions, partial custody, and visitation of minor children within Blair County. These regulations apply to all such actions, including divorce complaints, and outline the procedures for initiating cases and participating in conciliation processes.

Commencement of Action

• Filing Requirements: All custody actions must begin by filing a verified complaint and a scheduling order.
• Forms: These documents must follow the requirements of Pa. R. C. P. 1915. 3 and Local Rule 1915. 3 (Form 1).

Custody Conciliation Process

The local rules establish a structured process to help parties reach agreements without immediate litigation.

1. Intake Conference

• Attendance: Parties and/or their counsel must attend an intake conference conducted by an Intake Officer or designated individual.
• Timing: This conference must occur within approximately 45 days after the filing of the Complaint or Modification Petition.
• Purpose: The goal is to allow parties an opportunity to attend the "Children First Program" and reach early agreements.
• Nature of Conference: It is not a hearing; no evidence or testimony is presented.
• Goals:
  • Identify areas of agreement and disagreement regarding parenting responsibilities.
  • Develop a parenting plan that best suits the parties and their children.

2. Conciliation Conference

• Trigger: If an agreement on all issues is not reached at the intake conference, a Conciliation Conference may be scheduled.
• Conductor: The conference is conducted by a Custody Conciliator who uses mediation skills to actively engage parties.
• Format: It is informal, with no record created and no testimony elicited. Sessions are scheduled for 1. 5 hours each, with one or two sessions as needed.
• Outcome: Parties present issues and explore options for resolution.

Agreements and Orders

• Consent Agreement: Any agreements reached at the Intake Conference must be reduced to a written Consent Agreement (Form 2).
• Temporary Agreements: If full agreement is not reached, parties may negotiate a temporary agreement they can live with.
• Referral for Temporary Order: If parties cannot agree, the Conciliator will forward a Referral for Temporary Order to the Court. This becomes a final order unless a request for an Evidentiary Hearing is filed.
• Evidentiary Hearing Request: A party may file a request for an evidentiary hearing on a form approved by the President Judge. This must be filed no later than 10 days after the date of service of a custody Order.

Participant Conduct and Attorney Duties

• Cooperation: All participants must act cooperatively and comply with the directives of the person conducting the conference.
• Attorney Role: Attorneys attending these conferences have specific duties:
  • Primary Duty: To counsel and advise the client rather than to advocate aggressively.
  • Cooperation: Attorneys must fully cooperate with the Intake Officer and Custody Conciliator to facilitate agreement.
  • Consultation: Attorneys should advise clients in a manner not disruptive to the process, which may require consulting outside the conference room.
  • Professionalism: Counsel must behave professionally and refrain from hostile or antagonistic conduct.
  • Legal Argument: Attorneys shall not engage in legal argument, except to advise of legal issues.

Effective Date

• These rules became effective on the thirtieth (30) day after their publication in the Pennsylvania Bulletin, as required by the Supreme Court of Pennsylvania.
• The document was signed by Thomas G. Peoples Jr. , President Judge.