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In Erie County if the parties have children under the age of 18,
both parents must attend a four-hour seminar called "Children
Cope With Divorce". The seminar is held at Family Services,
5100 Peach Street, Erie,
Pennsylvania. Some of the program's objectives include exploring
the experiences of separation and divorce from the child's perspective,
sharing specific skills parents can use to support a child's adjustment and
suggestions on how to avoid placing the child in a no-win
situation with the parents. Attendance at the Children Cope With
Divorce seminar is mandatory if you are involved in a divorce or custody
proceeding.
Once the custody complaint has been drafted, it must be submitted
along with four copies to the Office of Custody Conciliation which
is located in the basement of the Erie County Court House.
The office is open from 8:30 a.m. until 4:30 p.m. but is closed from
noon until 1:30 p.m. Complaints are not accepted after 4:00
p.m. The Office of Custody Conciliation has a custody brochure
available to assist in the preparation of the custody complaint.
The Custody Office will schedule an Intake Conference within 45 days
after the date the complaint is filed./p>
Once the hearing has been scheduled, the original and copies must
be taken to the Prothonotary's Office which in on the first floor
of the Court House. There is a filing fee. The
Prothonotary will keep the original custody complaint. One copy must
be returned to the Custody Office and two certified copies
must be served on the defendant on the same day they are filed. One
must be sent to the Defendant by certified mail, restricted delivery
and one by regular mail.
An Intake Conference will be scheduled after
both parties have completed the Children Cope With Divorce seminar.
The Intake Conference is an informal meeting and is not a hearing. No
evidence or testimony is presented and the children are not interviewed.
The Intake Conference is an opportunity for both parents to discuss
what they believe is in the best interest of the children.
Areas of agreement and disagreement are identified and discussed.
If both parties are in agreement, a custody agreement will be formalized
into an Order of Court and signed by the Family Court
Judge. If the parties cannot reach an agreement on custody matters
at the Intake Conference, a Temporary Order will be issued and
a Conciliation Conference will be scheduled.
The objective of the Conciliation Conference is to foster agreement
between the parties in such a way that they are committed
to a custody arrangement which will be entered as an Order of
Court. If no agreement is reached at the Custody Conciliation Conference,
the Custody Conciliator will prepare a Recommended Order and forward it to the Court. Both
parties must follow this Order. If either party objects
to the Recommended Order issued by the Custody Conciliator, that
party must file a Request for Adversarial Hearing
within 10 days from the date they receive the Custody Conciliator's
Order in the mail. Once a Request for Adversarial Hearing is filed
in a timely manner, the custody issue will be scheduled
for trial by the Family Court Judge. The Family Court Judge will
schedule a trial date and also a date for a pre-trial conference.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
