1. CUSTODY ACTIONS IN BEDFORD COUNTY
PART THREE: REQUIREMENTS AND DEFINITIONS FOR CUSTODY ACTIONS
WHERE, WHO AND WHAT
January 2017
Bedford County Custody Actions

2. PREPARING TO FILE A CUSTODY ACTION
Where can you file?
Are you a person that can file for custody?
What type of custody are you looking for?
January 2017
Bedford County Custody Actions

3. Bedford County Custody Actions
PREPARING TO FILE A CUSTODY ACTION- WHERE TO FILE (VENUE- Pa. R.C.P. Rule )
Where has the child lived for the last 6 months?
Do you live with the child?
Where does the other parent live?
Where are there significant contacts?
What is the most appropriate forum?
Does the child need emergency protection?
January 2017
Bedford County Custody Actions

4. PREPARING TO FILE A CUSTODY ACTION- WHERE TO FILE (VENUE)
An action may be brought in any county
Where the child resided for the last 6 months; or
Where the child and at least one parent have a significant connection, meaning protection (doctor, assistance), training (school), personal relationships (friends and family); or
That is the more appropriate forum to determine custody (even if proper in another county, the court must decide); or
When venue is not proper in another county under (1)(2) or (3); or
January 2017
Bedford County Custody Actions

5. PREPARING TO FILE A CUSTODY ACTION- WHERE TO FILE (VENUE) (CONT’D)
In any county where the child is present and has been abandoned or it is necessary in an emergency to protect the child because the child or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse.
January 2017
Bedford County Custody Actions

6. Bedford County Custody Actions
WHO CAN FILE?
January 2017
Bedford County Custody Actions

7. Bedford County Custody Actions
PREPARING TO FILE A CUSTODY ACTION WHO CAN FILE? 23 Pa.C.S. §§
A parent to the child.
A person who stands in loco parentis to the child.
Person who is acting as a guardian or caretaker of the child, taking on all or some of the responsibilities of the parent.
A grandparent who is not in loco parentis to the child (for physical or legal custody) if conditions are met.*
A grandparent or great-grandparent to the child (for partial or supervised physical custody) if conditions are met.*
*Conditions will be discussed on slides 11 and 12.
January 2017
Bedford County Custody Actions

8. PREPARING TO FILE A CUSTODY ACTION- DEFINITIONS- TYPES OF CUSTODY
Physical Custody
The actual physical possession and control of a child.
Legal Custody
The right to make major decisions on behalf of the child, including, but not limited to medical, religious and educational decisions.
January 2017
Bedford County Custody Actions

9. PREPARING TO FILE A CUSTODY ACTION- DEFINITIONS- PHYSICAL CUSTODY
Sole: One party has exclusive physical custody of the child.
Primary: One party has physical custody of the child the majority of the time.
Shared*: More than one party has physical custody of the child, each having significant periods of physical custodial time with the child.
Partial*: One party has physical custody for less than a majority of the time.
Supervised*: When an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the party during his or her custodial time.
* Previously known as visitation.
January 2017
Bedford County Custody Actions

10. PREPARING TO FILE A CUSTODY ACTION- DEFINITIONS- LEGAL CUSTODY
Sole: One party makes the decisions for the child.
Shared: Both parties make the decisions for the child.
January 2017
Bedford County Custody Actions

11. PREPARING TO FILE A CUSTODY ACTION- GRANDPARENTS
May ask for physical or legal custody if:
Relationship began by parental consent or court order; and
Assumes or is willing to assume responsibility; and
Meets one of the following conditions:
Child is dependent; or
Child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity, or
Child resided with grandparents for at least 12 consecutive months and is removed by parents (must file within 6 months).
January 2017
Bedford County Custody Actions

12. PREPARING TO FILE A CUSTODY ACTION- GRANDPARENTS & GREAT-GRANDPARENTS
May ask for partial or supervised physical custody if
Parent of child is deceased; or
Parents have started divorce proceedings; or
When the child has resided with grandparents or great- grandparents for at least 12 consecutive months and is removed by parents (must file within 6 months).
January 2017
Bedford County Custody Actions