Custody local Rules 2019
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Overview of Blair County Custody Rules
This document outlines the local rules for custody cases in Blair County, Pennsylvania, effective January 16, 2019. The rules were established by President Judge Elizabeth A. Doyle to provide parties with access to mediation, agreement resolution, and hearing officers for matters involving less than full physical custody.
Key Procedures and Conferences
The document details a structured process for resolving custody disputes, emphasizing early agreement and mediation.
Intake Conference:
- Must be attended by parties or their counsel within approximately 45 days of filing the complaint.
- Parties must have attended the "Children First" program.
- This is not a hearing; no evidence or testimony is presented.
- Goal: To identify areas of agreement/disagreement and develop a parenting plan.
- Outcome: Agreements are reduced to a Consent Agreement (Form 2). If no agreement is reached, a Conciliation Conference is scheduled.
Conciliation Conference:
- Conducted by a Custody Conciliator using mediation skills.
- Informal process with no record created or testimony elicited.
- Scheduled for one hour or as needed.
- Outcome: Agreements are reduced to a Consent Agreement (Form 2). If unresolved, issues are addressed by the court upon filing a Request for Evidentiary Hearing/Trial (Form 3).
Pretrial/Prehearing Conference:
- Occurs after the conciliation conference upon filing a Request for Evidentiary Hearing/Trial.
- Conducted by a hearing officer.
- Prehearing Conference (Partial/Supervised Custody): Parties file narratives 10 days prior. The officer may make recommendations. If an agreement is reached, a written order is prepared for court approval.
- Pretrial Conference: Focuses on identifying issues, unresolved discovery, expert witnesses, proposed exhibits, and settlement possibilities. Parties must estimate the time needed for trial.
Definitions of Physical Custody
The document provides specific definitions for different types of physical custody arrangements:
- Partial Physical Custody: The right to assume physical custody for less than a majority of the time.
- Primary Physical Custody: The right to assume physical custody for the majority of the time.
- Shared Physical Custody: More than one individual assumes custody, each having significant periods of custodial time.
- Sole Physical Custody: One individual has exclusive physical custody.
- Supervised Physical Custody: Custodial time is monitored by an agency or adult designated by the court or agreed upon by the parties.
Legal Requirements and Forms
- Commencement of Action: All custody actions (including divorce complaints) must be commenced by filing a verified complaint and scheduling order as required by Pa. R. C. P. 1915. 3 and Local Rule 1915. 3 (Form 1).
- Verification: Parties must verify that statements in requests for court hearings are true and correct under penalty of 18 Pa. C. S. A. §4904 (Unsworn Falsification to Authorities).
- Service: A copy of the request must be served on opposing counsel or party, with certification of service required.