How to File Contempt Papers for a Custody Order in Pennsylvania
- 1). Obtain a petition for contempt of custody form and any other necessary forms from the prothonotary for the court that issued your custody order. The prothonotary is the clerk for a Pennsylvania court. The documents required to initiate contempt proceedings against a person violating a custody order vary by county.
- 2). Fill out the petition for contempt of custody form. Provide the name and address for yourself and the party violating the custody order. Indicate when the custody order was entered, the judge who entered it and the text of the order. Describe how the violating party has willfully failed to abide by the custody order. Sign and date the petition.
- 3). Fill out a petition to proceed in forma pauperis if you cannot afford the filing fee, if appropriate. Each Pennsylvania county has the discretion to set a fee for a petition for contempt of custody. Depending on the county, the fee ranges from free to $40. If your county charges a fee, you can obtain a petition to proceed in forma pauperis from the prothonotary. Provide your name and case number. Indicate whether you receive public assistance. If you do not receive public assistance, disclose your assets on the attached poverty affidavit and provide documentation of your income. Sign and date the petition.
- 4). File your petition and other documents with the prothonotary and pay any fees. After you have filed your petition for contempt of custody, the clerk of court will assign you a court date. Depending on your county, you may need to file a copy of your petition with the county sheriff who will serve a copy of the petition on the alleged violator.
- 5). Attend Family Court on your court date. At your court hearing, you will have the opportunity to explain how the other party violated the custody order. The judge will then issue a ruling as to whether the other party is in violation of the custody order.
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