Lycoming County Custody Rules

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-L220 Jury Size in Civil Trials
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Current Trial term dates

-L1012  Appearance. Withdrawals
-L1018.1 Notice to Defend
-L1025  Designation of Trial Attorney
-L1028(c) Preliminary Objections
-L1034(a) Judgment on the Pleadings
-L1035.2(a) Motion for Summary Judgment
-L1049  Itemized Statements
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-L1302.1 Selection of Arbitrators
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-L1304.1 Continuances
-L1306  Awards
-L1308  Compensation for Arbitrators
-L1311  Appeals
-L1315 Settlements
-L1910.10   Hearing Procedure
-L1910.12   Exceptions Procedure
-L1910.14   Defendant Leaving Jurisdiction
-L1910.15   Paternity
-L1910.22   Attachment of Wages
-L1915.3  Custody Petitions and Procedure
-L1915.3-1  Initial Conference
-L1915.3-2  Exceptions to Interim Orders
-L1915.3-3  Recommended Orders/Approval
-L1915.7  Settlement
-L1915.8   Examinations and Home Studies
-L1915.10-1 Pre-Trial Conference
-L1915.10-2 Continuances
-L1915.12   Required Certification
-L1915.13-1 Emergency Custody Relief
-L1915.13-2 Emergency Relief. Moving
-L1920.13  Interim Relief. Family Court
-L1920.16  Bifurcation
-L1920.21  Bill of Particulars. Non pros
-L1920.31  Joinder of Economic Claims
-L1920.32  Joinder of Custody Claims
-L1920.33  Joinder of Property Claims
-L1920.42  Divorce Affidavit and Decree
-L1920.43  Special Relief
-L1920.45  Counseling
-L1920.51  Hearing by Court. Master
-L1920.53  Hearing By Master. Report
-L1920.55  Exception Procedure
-L1920.71  Form of Notice to Defend
-L1930.5 Discovery
-L2039  Minor's Compromise, Settlement
-L2232  Notice of Pendency of Action
-L4005  Interrogatory Limits

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▪ Rules Home Page ▪ Rules of Civil Procedure ▪ Contents ▪

CUSTODY AND VISITATION MATTERS

L1915.3. Custody Petitions and Procedure.

A. All petitions relating to custody or visitation with minor children shall be filed in accordance with rule L205.2(b)B.

B. All counts in a divorce complaint and all petitions relating to custody, partial custody, or visitation, of minor children shall be processed in accordance with Lyc. Co. R.C.P. L1915.3, et seq.

C. As part of the pre-trial procedures, the court administrator shall refer all custody-related complaints or petitions, (other than those alleging contempt or those accompanied by a petition for emergency relief, see L1915.13-1 and L1915.13-2) to a family court hearing officer for the scheduling of an initial conference with the parties and their respective counsel.

D. If the custody action is based upon a count of a divorce complaint an initial conference before a hearing officer will be scheduled upon the filing of a written praecipe or other written request by either party.

E. The court or hearing officer shall enter an order or notice scheduling the initial conference to be held at the earliest available date.

F. The moving party shall cause service of the complaint or petition or praecipe filed under subparagraph 1 or 2, above, and order or notice for conference, to be made on the opposing party.

G. Any pleading which requests the scheduling of a proceeding and also requests entry of a temporary order to maintain de facto custody provisions pending the initial conference shall set forth with specificity those facts supporting the Request for the temporary custody order pending the initial conference.

L1915.3-1. Initial Conference.

A. The parties and their respective counsel shall appear at the initial conference before the family court hearing officer.

B. If the parties reach an agreement resolving all of the issues raised, the hearing officer shall forward an order to the court for approval setting forth the terms of such agreement.

C. If the parties do not reach an agreement resolving all issues raised, the hearing officer will conduct a non-record proceeding to establish a recommended interim order as to custody, partial custody or visitation, which will govern pending further proceedings. This non-record proceeding may be a conference with attorneys, conference with parties, and/or the taking of testimony under oath and receipt of other evidence and arguments of counsel as the hearing officer deems appropriate, based upon the particular issues raised.

D. At the conclusion of the proceeding, the hearing officer shall: 1) give the parties oral notice of the essential aspects of the recommended interim order and reasons for the recommendation; 2) make an initial determination as to the use of mediation, psychological evaluations or home studies, in accordance with Rules L1915.7 and L1915.8; 3) shall set a date for the pretrial conference.

L1915.3-2. Exceptions and Reconsideration of Interim Order.

A. No exceptions may be filed to an interim order entered in a custody action. Any matter not stipulated to at the initial conference may be reviewed at the pre-trial conference or resolved at trial.

B. Should a significant change in circumstances arise after entry of an interim order and before the pre-trial conference necessitating a modification of the interim order, which modification cannot be amicably agreed upon pending the pretrial conference, either party may file a motion for reconsideration of the interim order, setting forth all pertinent facts in support thereof or verified by the filing party. The court administrator shall refer such motion to the hearing officer who entered the interim order. Based on the allegations of the motion, the hearing officer may take any one or more of the following actions deemed appropriate under the circumstances: 1) enter an order summarily denying the motion; or 2) hold a telephone or other conference with counsel for both parties; or 3) after providing the opposing party an opportunity to respond, enter a modified interim order; or 4) direct that the matter be resolved at the pre-trial conference.

L1915.3-3. Approval of Recommended Orders. Any recommended interim order of the hearing officer shall be submitted to the court for approval and upon court approval shall have the effect of a pre-trial order.

L1915.7. Settlement. A custody case will be removed from the conference or pre-trial schedule and/or the custody trial list only upon the filing of the settlement agreement or court order.

L1915.8. Physical/Mental/Psychological Examinations and Home Studies.

A. Upon agreement of the parties at the initial conference, the hearing officer may include in the recommended interim order a direction that the parties obtain physical, mental or psychological examinations and/or home studies, prior to the date of the pre-trial conference and may establish a date by which the parties must make the initial arrangements. Where mediation is utilized, the order may provide that the evaluation be undertaken during the mediation process, deferred until mediation is complete or be left for consideration at the pre-trial conference.

B. Any request by the parties for evaluations made after the initial conference and not made at the pre-trial conference or entered into by stipulation must be made by motion in accordance with Pa.R.C.P. No. 1915.8, alleging specific facts and reasons for the request, with a hearing to be held after reasonable notice to the other party.

C. Unless otherwise directed by the court or hearing officer or agreed upon by the parties, the expense of any evaluation shall be borne initially by the party requesting the evaluation and shall be paid in accordance with Pa. R.C.P. No. 1915.8. A final allocation of the expense may be made by the court upon entry of an order or decision rendered on any issues raised in the proceeding.

D. Any evaluation filed with the court shall not be available for public inspection and shall be impounded by the prothonotary.

L1915.10-1. Pre-trial Conference. At the time set for the pre-trial conference, both parties shall submit a pre-trial memorandum in the form prescribed by the court. Both parties and their respective counsel shall appear before the court for presentation of the issues and discussion of possible settlement and disposition of any matters referred to the pre-trial conference judge.

L1915.10-2. Continuances. Any requests for a continuance of the initial conference, pre-trial conference or trial must be made on forms provided by the court administrator's office at the earliest opportunity. Continuance requests will be evaluated in light of the court's policy that custody disputes should be promptly resolved.

L1915.12. Required Certification for Petition for Civil Contempt Relating to a Custody Order.

A. Any petition requesting a finding of contempt of a custody order must also contain, as an exhibit, a certification by counsel or by the pro se litigant, of the effort to resolve the alleged contempt without resort to the court. At a minimum, the certification shall specify which of the following applies:

1. The opposing party is represented by counsel. Counsel was apprised of the alleged contemptuous conduct and that a contempt petition would be filed unless remedial steps were offered, but the opposing party, through counsel, has declined to offer sufficient remedial steps. Such remedial steps may include assurance of compliance with the order and replacement time for custody or visitation time claimed to have been lost to the petitioning party by the alleged contemptuous conduct.

2. The opposing party is not represented by counsel. The opposing party was apprised in writing of the alleged contemptuous conduct and warned that a contempt petition would be filed unless remedial steps were offered, but the opposing party has declined to offer sufficient remedial steps. Such remedial steps may include assurance of compliance with the order and replacement time for custody or visitation time claimed to have been lost to the petitioning party by the alleged contemptuous conduct.

3. Remedial steps were offered by the opposing party, but were then not taken within a reasonable period of time.
4. Due to special circumstances (described in detail in the certification) an attempt to resolve the matter without filing a petition for contempt is likely to cause significant prejudice (also described) to the petitioning party.

B. Failure to attempt resolution of the alleged contempt in accordance with the requirements of this rule could be cause for dismissal to the petition for contempt.

L1915.13-1. Petition for Emergency Custody Relief. Ex Parte Hearing and Temporary Order.

A. Where a party believes there is a clear and present danger to the child(ren), that party may file a petition for emergency relief. The petition for emergency relief must be presented as a separate document headed "Petition for Emergency Custody Relief." The petition shall conform to the requirements of Pa.R.C.P. No. 1915.15, as may be applicable, and must allege facts which clearly specify the clear and present danger to the welfare of the child(ren).

B. Upon filing, the petitioning party or counsel must present the petition to the court administrator, who shall immediately present the petition for emergency custody relief to a judge for consideration of the allegations. The judge shall either:

1. refer the petition to a hearing officer for an immediate ex parte hearing, which shall be held within two (2) business days of the presentation of the petition to the family court office; or,

2. direct that an initial conference be scheduled before a hearing officer pursuant to Rule L1915.3-1; or,

3. if it is ascertained that an initial conference has already been held and an interim order already issued under Rule L1915.3-3:

a. direct that the hearing officer consider the petition for emergency custody relief as a reconsideration request under Rule L1915.3-2; or

b. direct that the issues raised be disposed of at the pre-trial conference or trial.

C. If an ex parte hearing is ordered, he petitioning party or counsel shall present the order to the family court office for scheduling of the ex parte hearing. The party seeking emergency relief must appear before the hearing officer at the time scheduled for the ex parte hearing. Testimony will be to whether relief is warranted because of probable cause to believe a clear and present danger to the welfare of the child(ren) involved.

D. Upon making a determination that ex parte relief is warranted, the hearing officer shall forward to the court for approval a recommended temporary emergency order, which will include a provision scheduling a full hearing before the court, to be held within five (5) business days of the ex parte hearing. Prior to the full hearing before the court, the petition for emergency custody relief and the temporary emergency order containing notice of the 5-day hearing shall be served on the opposing party by the petitioning party in the same manner as original process. In addition to service on the opposing party, the petitioner shall make reasonable efforts to provide a copy of the documents to any attorney whom the petitioning party reasonably believes may be representing the interests of the other party.

E. Upon making a determination that ex parte relief is not warranted, the hearing officer shall forward to the court for approval a recommended order denying the petition for emergency custody relief. Such order may schedule the matter for disposition at: an initial conference under Rule L1915.3-1; as a reconsideration request under Rule L1915.3-2; or, if already scheduled for a pre-trial conference or trial on other issues, direct that the emergency issues be determined with all other issues at the pre-trial conference or trial.

L1915.13-2. Petition for Emergency Relief Due to the Custodial Parent Moving the Child(ren)Outside of the Jurisdiction.

A. Where a party believes there is a clear and specific intent that the child(ren) will be moved by the other party outside the jurisdiction of the court and that such move is not in the best interests of the child(ren), that party may file a petition requesting emergency relief, in a separate pleading captioned "Petition for Emergency Relief/Removal From the Jurisdiction." The petition shall conform to requirements of Pa.R.C.P. No. 1915.15, as may be applicable, and shall state the specific basis for the allegations justifying the request for an emergency hearing.

B. Upon filing, the petitioning party or counsel must present the petition to the court administrator, who shall immediately present the petition to a judge for consideration of the allegations. If the allegations are deemed sufficient in law, a timely evidentiary hearing on the issues will be held and the judge may also order any temporary relief as may be justified pending the hearing. If the allegations are not deemed sufficient in law to justify an emergency hearing, the judge may direct that the matter proceed to an initial conference under Rule L1915.3-1; or a reconsideration request under L1915.3-2; or, if already scheduled for a pre-trial conference or trial on other issues, direct that the re-location issues be determined together with all other issues.

C. Upon entry of an emergency relief order the petition, order and notice of the hearing date shall be served on the opposing party by the petitioner in the same manner as original process. In addition to service on the opposing party, the petitioner shall make reasonable efforts to provide a copy of the documents to any attorney whom the petitioner reasonably believes may be representing the interests of the other party.