Custody Local Rules

Overview of Blair County Custody Rules

On January 16, 2019, the Court in Blair County established new local rules to provide parties in custody cases with access to mediation and agreement resolution. These rules apply to all custody proceedings filed after the 30th day following their publication in the Pennsylvania Bulletin. All previous Blair County Local Rules for Custody are rescinded where inconsistent with these new rules.

Key Definitions and Procedures

The document defines several types of conferences that are part of the custody process:

• Intake Conference: Held within approximately 45 days after filing a complaint or modification petition. Parties and/or their counsel must attend. The goal is to identify areas of agreement/disagreement and develop a parenting plan. No evidence or testimony is presented.
• Conciliation Conference: Conducted by a Custody Conciliator using mediation skills. It is informal, with no record created or testimony elicited. Parties present issues and explore resolution options.
• Pretrial/Prehearing Conference: Occurs after the conciliation conference upon filing a Request for Evidentiary Hearing/Trial. Conducted by a hearing officer to prepare for trial or address partial/supervised custody matters.
• Prehearing Conference (for partial/supervised custody): Parties file prehearing narratives ten days before the conference. The hearing officer may make recommendations and prepare a written order if an agreement is reached.

Physical Custody Types

The document outlines different types of physical custody:

• Partial Physical Custody: Right to assume physical custody for less than a majority of the time.
• Primary Physical Custody: Right to assume physical custody for the majority of the time.
• Shared Physical Custody: More than one individual has significant periods of physical custodial time with the child.
• Sole Physical Custody: One individual has exclusive physical custody.
• Supervised Physical Custody: An agency or designated adult monitors interactions between the child and the individual with custodial rights.

Requirements for Parties

• Attendance: Participation is limited to parties and/or their counsel. All participants must act cooperatively and comply with directives from the person conducting the conference.
• Failure to Appear: If a respondent fails to appear at a conference, the conference may proceed without them.
• Agreements: Any agreements reached at Intake or Conciliation Conferences must be reduced to a Consent Agreement (Form 2).
• Unresolved Issues: If agreement on all issues is not reached, a temporary agreement may be entered into, and unresolved issues will be addressed by the court upon filing a Request for Evidentiary Hearing/Trial (Form 3).

Signatures and Verification

The document includes sections for signatures and verification:

• Certification: The petitioner or their attorney must certify that a copy of the request was served on the opposing counsel/party.
• Verification: The petitioner or their attorney must verify that the statements made in the request are true and correct, understanding that false statements are subject to penalties under 18 Pa. C. S. A. §4904 (Unsworn Falsification to Authorities).
• Contact Information: Spaces are provided for the addresses and phone numbers of the Plaintiff, Defendant, and any Additional Party.