Adm. Cnty. Pa. 1915.4-3.1

As amended through December 4, 2023

Rule 1915.4-3.1 - Custody Presentation

(a)General.

(1) A custody presentation is the first time the parties will appear before the court. The goal of the custody presentation is to ascertain the status quo schedule or affirm the agreement of the parties. If there is no agreement, the presiding judge may enter an interim order that will govern the parties until final disposition of the matter by agreement or a trial. No testimony will be adduced or evidence presented during this proceeding. If there is no agreement regarding a petition to intervene in a custody case, the presiding judge shall schedule the matter for a hearing to address that issue.

(2) Custody presentations will be heard on a set day and time every week as designated on the official court calendar.

(3) If the parties are unable to reach an agreement at presentation, the presiding judge will issue an order with a date and time for the parties to participate in conciliation, similar to Sample Form "B" annexed to these rules.

(Sample Form "B" - Directive for Custody Conciliation Conference)

IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA

Plaintiff,	: No.
	:
v.	:
	: ACTION IN CUSTODY
Defendant,	:

DIRECTIVE FOR CUSTODY CONCILIATION CONFERENCE

And now, upon consideration of the attached Complaint/ Petition for Modification/Petition for Intervention/or Petition for Contempt, it is hereby ORDERED that the parties and their respective counsel appear before a Custody Conciliation Officer in Conference Room 307 located on the third floor of the Adams County Courthouse, 117 Baltimore Street, Gettysburg, Pennsylvania, on _______________, 20___ at __________.m.

At the conference, an effort will be made to conciliate and resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court. Children should not attend the conference unless specifically requested by the Custody Conciliation Officer.

IF YOU FAIL TO APPEAR AT THE CUSTODY CONCILIATION CONFERENCE AS PROVIDED BY THIS ORDER, WITHOUT PROPER CAUSE SHOWN, THE CUSTODY CONCILIATOR SHALL REFER THE MATTER TO THE COURT FOR FURTHER PROCEEDINGS, WHICH MAY INCLUDE A CONTEMPT HEARING WHICH CAN RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING FINES, ATTORNEYS FEES AND COSTS.

If you have not already done so, you must complete and file with the Prothonotary a Criminal/Abuse History Verification regarding you and all persons living in your household on or before the time of the custody conciliation conference. The form is available on the Court's selfhelp page at https://www.adamscountypa.gov/courts/courtadministration/selfhelpcenter and at the Adams County Law Library. You must serve a copy of the completed form on all other parties. No party may make a change in the residence of a child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa. C.S. § 5337 and Pa. R.C.P. No. 1915.17 regarding relocation.

If any party to this custody action is incarcerated at any stage of the proceedings, the custody conciliation officer or the judge will make reasonable efforts to arrange for the incarcerated party to participate by telephone or video conference. Incarcerated persons may make a request to appear in this manner through the Court Administrator's Office at 717-337-9846, 117 Baltimore Street, 4th floor, Gettysburg, PA 17325.

If you or any other party needs an interpreter, please contact the Court Administrator's Office at 717-337-9846 as soon as possible. Failure to make a timely request may delay the proceedings.

BY THE COURT:

_______________

JUDGE

AMERICANS WITH DISABILITIES ACT OF 1990

The Court of Common Pleas of Adams County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Court Administrator's Office at 717-337-9846. All arrangements must be made at least 72 hours prior to any proceeding.

(4) The presiding judge's chambers will schedule presentations at least ten days from the date the complaint, petition for modification, petition to intervene or petition for contempt was filed. This is to ensure that the moving party has ample time to serve the non-moving party with the order scheduling the presentation. It is the moving party's responsibility to serve all documents upon the opposing party in accordance with the Pennsylvania Rules of Civil Procedure and file an appropriate certificate of service with the Prothonotary.

(b)Formal Presentation to the Court Not Necessary. If the parties have a stipulated agreement for custody, then the parties may file the stipulated agreement and a proposed order of court with the Prothonotary. All stipulated agreements shall contain language requesting the presiding judge to enter the agreement as an order of court. If the judge enters the stipulated agreement as an order, then the parties do not need to appear for custody presentation. All proposed orders shall comply with the checklist and form contained in Sample Form "D" annexed to these rules. See also Adams C.Civ.R. No. 1915.7-1. Custody Agreement and Consent Orders.

Adm. Cnty. Pa. 1915.4-3.1

Amended effective 7/10/2023; amended effective 12/23/2023.