The Realities of Child Custody in Lancaster County

Many divorced and separated parents come to me frustrated with the custody situation they are dealing with and demanding answers in a process that often doesn't seem logical (or legal) to them. They want to know why the other parent gets away with so much misbehavior without being held accountable by the court, why CYS won't take any action, and why the judges and conference officers don't seem to listen to them at all.

Unfortunately, I often have to spend time educating these parents about the realities of the custody process in Lancaster County, and it's not always an education they want to hear. The truth is that the custody process only comes into play when there is a failure of two people to effectively work together for their children's best interests, or where their own personal problems and failures have endangered their children or placed them at a Risk of Harm that the courts cannot ignore.

Now, I'm not placing blame, only saying that for whatever reason, the two parents cannot work something out or are lawfully prevented from making a private arrangement because of their own personal issues. In other words, the courts only step in where there is a breakdown between the parents, and like any breakdown, court involvement is a heavy-handed, often unpleasant experience. The court generally doesn't care about the personal history between the parents, the agreements they've made previously, or their ability to interact. Of course, a judge will listen to the history of the case and keep that in mind when he/she makes their decision, but generally, they, and/or the conference officer, are going to try and break the matter down into digestible bits composed of Risk of Harm Analyses, Weekly exchange schedules, extra-curricular activities, etc. They're not really going to be able to quantify the emotional entanglements of family, the hesitations of parents, the fears of betrayal, etc. Rather, they are going to stick to the facts, make pretty standard application of the law, and order compliance with a rigid set of commands. If the parties cannot stick to these points, then problems can arise.

Overall, it is much preferable to reach a private agreement than to endure the scrutiny of the court and exist daily under the burden of an order forced by people who will forget about your case the day after it's heard.

And so, the reality of Custody cases in Lancaster and their usual progression is this:

1. An initial filing, requesting custody or modification of custody;
2. An examination of whether a Risk of Harm Hearing or Temporary Order is needed for either parents or their adult households; 
3. If needed, a Risk of Harm Hearing before a judge;
4. A custody conference with a conference officer;
5. If an agreement is reached, the case will go dormant, with a followup conference possibly scheduled for 3 months out;
6. If no agreement is reached, the conference officer may still make a recommendation, but the case will be sent before the judge in 4-8 weeks for a hearing on the matter;
7. If there are significant issue of contempt or problems with either parent, a full trial may be scheduled several months out. Reports may need to be admitted from teachers, CYS, or mental health professionals, and a Guardian Ad Litem may need to be appointed as an attorney representing the children who will investigate and make a recommendation on custody to the court.
8. Additional Hearings may be required, with followup or separate hearings for contempt or relocation issues.
9. A "final order" may be issued after trial, but that order could immediately be challenged or a new modification requested if something changed that needs reexamination by the court. This means that custody is technically never fully settled while the children are minors.

The more conflict there is in a situation, the longer it will take to resolve, and the more expensive the costs and fees could be. It's important to consider these facts when considering filing a new custody action or modification, so that you don't get half way through litigation and find yourself without an attorney or expert, because you couldn't afford to continue or to pay the expert's fees to testify or make reports on your behalf.

Ultimately, it is best for parents to set aside their differences and frustration and work together to reach a mutually beneficial outcome for their children without court involvement. If that isn't possible, it is still important to understand the custody process and to have realistic cost and time expectations when it comes to addressing your concerns and successfully completing the child custody process in Lancaster County.

Disclaimer: This post is meant for informational purposes only and should not be construed as legal advice within the bounds of a professional relationship, and does not create an attorney-client relationship. It is always best to seek counsel with a competent attorney licensed in your state, experienced in your area of issue, and fully informed about the facts of your case.