Custody in Pennsylvania: Temporary agreement in Brangelina case

Custody of the six children of Brad Pitt and Angelina Jolie is hot tabloid fodder right now. What lessons can be learned for Pennsylvania couples in the midst of their own custody negotiations?

Temporary Custody Orders: Allegedly, the Hollywood stars have reached a temporary, 3-week custody agreement through October 20 that gives full physical custody to the mother and supervised visitation rights to the father, with both parties agreeing to joint and individual counseling. If the family were located in Pennsylvania, this would be called a Custody Stipulation.

A Custody Stipulation in Pennsylvania cannot be filed unless a Custody Complaint has been filed first. In the Custody Complaint, the filing parent would need to specify the reasons for the arrangement, particularly any concerns about the capability of the other parent to supervise and parent the children. Also, in Pennsylvania, any initial custody action requires that both parents file a Verification form specifying any past criminal history, especially of abuse.

If the Jolie-Pitts resided in Bucks, Montgomery or Philadelphia County, the next step would be a conference with a Custody Master, to which each could bring their own lawyer or represent themselves. It is not uncommon for couples to negotiate and create their own Stipulation (basically a contract of who gets the kids when) prior to a Conference date; then they can apply to the Court to cancel the Conference if all issues have been resolved. At a Custody Conference in Pennsylvania, the Master will review the Complaint, any other evidence each party brings, and attempt to bring the parties to agreement.

If that fails, the next step is to refer the parents to the Court Conciliation and Evaluation Service. This office does a more thorough and in-depth interview and review of both parents, which can take several months. If the parties still cannot agree on a Custody Stipulation, it goes before a judge for a Custody Hearing.

Custody before Divorce? If the tabloids are correct, the Jolie-Pitts have reached a temporary custody arrangement before the divorce is finalized. In Pennsylvania, this is not unusual. Even bitterly divided spouses can sometimes agree on a schedule of drop-offs and pick-ups.

Any parent can file a Custody Complaint; it is not necessary to have first filed for Divorce. Obviously, informal agreements between parents are always possible, but only agreements filed with the Court become enforceable.

Custody agreements can change Kids change and grow, and parents’ schedules shift. That is why, even after a divorce, there may still be multiple Custody Stipulations, until the child reaches the age of 18.

Also, if one parent wants to do something outside of the current agreement – take the kids on a 4 week tour of Europe, for instance – a Stipulation would need to be filed. Alternately, if the parties cannot reach an agreement, then the one that wants to change the current Order would need to file a Petition for Modification of Custody.

Obviously, the Jolie-Pitts are trying to keep the decision making in their own hands. Beneath all the glamour and fame, they are, after all, a mother and father grappling with difficult decisions about their children. In my office, we emphasize finding the right Custody approach for your particular family.