Understanding Bucks County Custody Procedure

In Pennsylvania, each county has its own unique procedures concerning custody matters.  While there are often similarities in those procedures, it is important that your attorney understands how a specific county handles these custody matters.  In all of Pennsylvania, a new custody matter begins with the filing of a Custody Complaint or Petition for Custody.  For the purposes of this article, we will refer to this as the Custody Complaint.  Often, the custody matter is open by including a count for custody in a divorce complaint.

Bucks County Custody Procedure

Once a Custody Complaint is filed, the complaint is sent to the Family Masters Office for review and the scheduling of a conference before a Family Master.  A conference is generally scheduled within 45 days of the date of the filing of the Custody Complaint.  The conference is an informal proceeding in the Family Masters Office, located on level B-1 of the Bucks County Justice Center.

Even though the proceeding is informal, the conference is an important first step which you should spend time preparing for with your attorney.  The Family Master will collect information about you, the other parent (or party), and the children involved.  The main objective of this conference is to try to reach an agreement, with the help of the Master.   The Master has no authority to issue any court order.  If you and the other parent/party are unable to reach an agreement, the Masters Office will draft a report and recommendation and schedule a hearing before a judge.  The hearing date can be 2 to 3 months from the date of the conference. 

Prior to the hearing, you and the other parent have the option of participating in a program unique to Bucks County – Court Conciliation and Evaluation Services (“CCES”).  CCES is an affordable custody evaluation completed by qualified, licensed professionals.  This process usually takes up to 6 months, depending on the complexity of your custody matter and the cooperation of the parties.  You should discuss the CCES process with your attorney in greater detail.

At the custody hearing, a judge will hear evidence, such as witnesses, documents, text messages, videos, etc.  You and the other parent/party will each have the opportunity to present evidence to the judge.  At the conclusion of the custody hearing, the judge will issue a Custody Order.  Under Pennsylvania law, this order, if final, must consider each of the sixteen (16) custody factors. 

If you are involved in custody litigation, having an attorney who understands this process and who practices regularly in Bucks County can make all the difference.  Please reach out to me if you are considering filing a Custody Complaint or are involved in a custody dispute.