In Elk County, all actions for child custody, including partial custody, visitation, grandparents’ rights, relocation, enforcement, contempt, or modification of an existing custody order, begin with the filing of a Custody Complaint or Petition by an Elk County Child Custody Attorney.
Thereafter, a Custody Conference will be held within approximately 30 days before a Custody Conciliator. The parties, together with their Elk County Custody Lawyers, will meet with the Custody Conciliator and attempt to reach an agreement. The Custody Conference is informal, is not recorded and no testimony is obtained from either parties or witnesses. If no agreement is reached, the Elk County Custody case will be scheduled for a Pre-Trial Conference with an Elk County Court Judge. At the Pre-Trial Conference, the judge will review the parties’ pre-trial memorandums and any reports with the Elk County Child Custody Lawyers and make recommendations for settlement in an attempt to mediate the dispute. If unsuccessful, a custody trial shall be scheduled by the judge.
Children should not attend the Elk County custody conference or any pre-trial conferences unless an Order is entered specifically requiring their presence. In some cases, children may be required to testify in a child custody trial; however, each case is unique and this decision must be made considering the best interests of the minor children including their age and whether the benefits of their testimony would outweigh the harm of forcing them into the middle of the child custody court action.