Legal Question in Family Law in Pennsylvania
Can I submit a modification of agreed custody to Cameron Co. Courthouse
At the time when my husband and I were separated in January of 1996, my husband and I went to an attorney and had a property settlement and support agreement drawn up. Included in this document was the custodial agreement for our son who is now 13 years old. When I made application for a divorce to Cameron Co, PA courthouse I did not know that I was supposed to offer this agreement to the court and have them include it as an attachment to the divorce.
Now, my ex-husband , my son and I reside in Summitt Co. OHIO and the school district where my son has attended for the last four years wants a ''certified copy of the custodial arrangements that are filed with a courthouse.
I don't have such a document and they insist that I supply them with this type of document or they will not let my son attend the school district where I teach. My school district says they need the document so that they can submit it to the neighboring school district for payment.
I have talked with three different lawyers and they three differnt approaches in how to handle this legally.
My ex-husband and I are anxious to submit a document to Summitt County Courthouse. I don't know whether or not I need a lawyer or not.
1 Answer from Attorneys
Re: Can I submit a modification of agreed custody to Cameron Co. Courthouse
I can only speak from the Pennsylvania side of this matter, as I am unfamiliar with Ohio law. I also do not know what the Ohio school requirements are concerning custody agreements and orders.
If it were Pennsylvania, to have your custody arrangement made an order of the court, the procedure would be to contact the Domestic Relations Division of the Court of Common Pleas, file a custody petition, and enter the agreement to have it approved and made an order of court. If you did not have a custody count in your original divorce pleading, you did not require an order of the court regarding custody. On the other hand, if your custody agreement was included in a comprehensive settlement agreement covering all claims, it may be incorporated into your final divorce orders.
If you already have an order, you can obtain a certified copy by requesting it from the Pennsylvania Court from which it issued and you probably can register it with your local court following local procedures. Again, I cannot speak to Ohio law.
The Pennsylvania Courts maintain a registry in which they register Custody Decrees from other states.
I suggest you contact an Ohio attorney for the proper procedure in your state.
Ilene Young, Esquire/ Civil & Family Practice 215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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