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Although legal dramas on television present a simplified picture of the process, courtroom procedure is much different than that which is displayed on a screen. In the real world, the custody court process involves a methodical presentation of your case and arguments related to your suitability as a guardian.
Many parents attempt to go it alone, fighting without legal representation. However, custody court is complicated, and one misstep could lead to permanently losing your rights as a parent. An experienced lawyer can guide you through the process and make sure the correct information is presented. The Pittsburgh custody lawyers with Pittsburgh Divorce & Family Law, LLC understand the turmoil that can arise during custody battles. Call (412) 471-5100 now to see how your rights can be protected.
Anthony believes that the best way to win your case is by listening to your side of the story.
Child custody cases begin with filing a petition or complaint for child custody in the county where the child has lived for the past six months. A petition might be filed when trying to obtain custody for the first time, whereas a complaint could be in response to one party not following the rules outlined in an existing custody order. From there, Pennsylvania custody matters move through a structured sequence: parent education, mediation, conciliation, and, if needed, a trial before a judge.
The custody complaint identifies the parties, the children, the type of custody requested (legal and physical), and the factual basis for the relief sought. In Allegheny County, custody filings are handled through the Family Division of the Court of Common Pleas. Once the case is officially in the system, the parents are scheduled into the county’s Generations program before any contested hearing takes place.
Allegheny County requires parents in every new custody case to complete the Generations program. The program has two parts: the Able to Adjust online co-parenting education seminar, and a confidential mediation session conducted remotely with a neutral mediator. Attorneys do not attend the mediation itself, but a custody attorney can prepare you in advance so you walk in with a clear position on schedule, holidays, decision making, and exchanges. If the parties reach an agreement at mediation, that agreement can be reduced to a stipulated order and signed by the judge.
If mediation does not resolve every issue, the next stage is a conciliation conference before a custody Hearing Officer in the Custody Department. A Hearing Officer is a court employee who reviews each side’s position, encourages settlement, and can make recommendations to the assigned judge. Counsel attends conciliation with you, presents your proposal, and responds to the other parent’s position. Many cases resolve at this stage with a stipulated order that covers legal custody, a physical custody schedule, and any specific provisions the family needs.
If the parents cannot reach an agreement at conciliation, the case is referred to the assigned judge for trial. Short matters may be set as a hearing of 15 to 20 minutes, while contested custody trials can run several hours or multiple days depending on the issues and the number of witnesses. The judge weighs the 16 best-interest factors set out in 23 Pa.C.S. § 5328 and issues a final custody order. Trials are usually reserved for cases with serious safety concerns, contested relocation, or sharply different proposals about how PA courts determine custody.
Trying to obtain child custody within the legal system can be confusing, especially without the help of a lawyer. Depending on the volume of cases being handled by the court, it can take months to reach the conference after filing a petition or complaint. It can take several more months before a case is brought before a judge. Other factors, such as the number of witnesses and the testimony of expert witnesses, can also slow down the process. This is why representation is essential. It is the job of an experienced attorney to expedite the process by mediating disputes between both parties during the Hearing Officer’s stage and pushing the case toward resolution.
Pennsylvania custody decisions turn on the 16 best-interest factors in 23 Pa.C.S. § 5328, which cover everything from each parent’s role in daily caretaking to the stability of the home, sibling relationships, history of abuse, and the child’s reasonable preference. The evidence you bring should speak directly to those factors.
Useful documents and exhibits often include:
We help clients organize their proof early, so nothing important is missing when the conciliation date arrives or the trial begins.
In contested cases, the court may appoint a custody evaluator, a mental health professional with experience assessing parenting and child welfare. The evaluator typically interviews each parent, observes the child with each parent, may interview teachers or therapists, and reviews relevant records. The evaluator then prepares a written report with recommendations on legal custody, physical custody, and any safeguards the court should consider.
A custody evaluation can be helpful when the parents disagree sharply about the child’s needs, when mental health or substance use is in dispute, or when the court needs an independent assessment to weigh against the 23 Pa.C.S. § 5328 factors. We prepare clients for the evaluation, gather the records the evaluator should see, and respond on the record if the report misstates key facts.
When a party can prove that a current or future event will put a child in immediate physical danger, the case may be brought before a judge within days of filing. The party must file an Emergency Custody Petition in order to classify their case as an emergency. Proof of bodily harm is not necessary, and the danger in question is not required to be life-threatening, but the petition must show a specific, current risk that cannot wait for the normal conciliation timeline.
Where the danger involves abuse, threats, or harassment by the other parent, a Protection From Abuse (PFA) order can be filed under 23 Pa.C.S. Chapter 61. A temporary PFA can be granted on the day of filing and may include immediate custody and exchange provisions while the case is set for a final hearing. Emergency relief is meant to stabilize the child’s situation; the underlying custody case still proceeds through the regular process for a long-term order.
A conciliation conference is a settlement-focused meeting before a custody Hearing Officer in the Custody Department. Each side presents its proposed schedule and the issues in dispute. The Hearing Officer asks questions, encourages compromise, and can make recommendations to the judge. If the parties reach an agreement, it is reduced to a stipulated order. If they do not, the case is referred to the judge for trial.
After filing, parents must complete the Generations program, which includes an online co-parenting class and a mediation session. The conciliation conference is typically scheduled within a few months. A contested trial before a judge can add several more months, depending on the court’s schedule and the complexity of the case. Emergency matters move much faster.
Bring evidence tied to the 16 best-interest factors in 23 Pa.C.S. § 5328. Helpful materials include school and medical records, a parenting journal, text messages and emails between the parents, photographs, a proposed parenting plan, and witnesses such as teachers, coaches, counselors, or relatives who have firsthand knowledge of your involvement with the child.
A custody evaluator is typically a court-appointed mental health professional. The evaluator interviews each parent, observes the child with each parent, may interview teachers and treating providers, and reviews records. The evaluator then submits a written report and recommendations to the court on parenting capacity, the child’s needs, and any safety concerns.
A judge can hear an Emergency Custody Petition within days when the filing shows the child faces an immediate physical danger. Where abuse or threats are involved, a temporary Protection From Abuse order can be issued on the day of filing and may include short-term custody provisions. A full hearing is then scheduled for a final order.
You are not required to have a lawyer, but custody court is procedural, and the rules of evidence apply at conciliation and trial. A Pittsburgh custody attorney prepares your filings, organizes your exhibits, presents your case, cross-examines the other side, and protects your parental rights at every stage of the proceeding.
A custody battle can be an emotional experience. You have not done anything wrong, and you only seek the opportunity to raise your child in a safe and loving environment. The Pittsburgh custody lawyers with Pittsburgh Divorce & Family Law, LLC realize that a battle for parental rights can uproot everything you have worked so hard to establish. Anthony Piccirilli knows that parents are often unfairly denied legal rights. He has experience representing the best interests of parents and has helped countless good people obtain custody of their children. If a prior order no longer fits your child’s life, we can also help you petition to modify your custody order.
Call (412) 471-5100 today to schedule a consultation with attorney Anthony Piccirilli and see how your case can reach the best possible outcome.