Don't Face Challenging Family Law Matters Alone
Of the many issues that must be resolved with your family law attorney upon the dissolution of your marriage, child custody stands alone as the most serious and emotional. In the ideal case, spouses can quickly come to terms with the issues of child custody and child support which take into account the best interests of the child or children involved and do not drag them into the complex legal process.
The team at Grace Legal Offices is comprised of child custody lawyers who have years of experience managing and, if need be, litigating child custody disputes. With compassion and skill, they guide clients through sensitive issues, including parental rights, custodial rights, physical custody, legal custody, shared custody, visitation rights, and other custody issues. More than anything, our child custody lawyers provide Grace and compassion during this stressful time.
Child Custody in Pennsylvania
Pennsylvania law defines custody as, “The right to make major decisions on behalf of the child, including, but not limited to, medical, religious, and educational decisions.” There are different forms of custody.
Legal vs. Physical Custody
Legal custody has to do with which parent has the right to make decisions about the child such as schools, medical treatment, and religious affiliation and education. Physical custody, on the other hand, is when a parent takes care of the child daily and includes where the child sleeps at night and who feeds and cares for them.
Physical custody and legal custody are granted independently of one another. A parent may have sole physical custody but shared legal custody. This is where the child custody issues can be further refined to make a distinction between Joint custody or shared custody as opposed to sole custody.
Shared vs. Sole Custody
Shared custody, also known as joint custody, means the parents split time, duties, and responsibilities. One parent will be granted primary custody. This makes that parent the one who primarily takes care of the child for the majority of the time. The other parent may be granted visitation.
When a parent is granted sole custody, they have all of the physical and legal custody of the child. While sole custody can and may be granted to one parent, it is more likely – depending on the facts of your case – that there will be some level of “shared custody” between the parents.
Each of the above is a legal term that comes into play when the spouses or the court are attempting to resolve who will have custody of any minor children and what type of custody that will be. Your child custody lawyers can evaluate these issues based on the circumstances of your case.
Calculating Child Custody in Pennsylvania
Pennsylvania child custody laws require that the judge determine which custody arrangement is in the best interest of the child when there are disputes between parents. Factors considered in this determination include:
Each parent’s relationship with the child and their ability to provide for their needs
The current living arrangements for each parent
Any history of abuse or neglect by either parent
The wishes of the child, if they are old enough to express a preference (usually over age 12)
Any evidence presented regarding a parent’s mental health or substance abuse issues
These factors are not exhaustive and can vary depending on the specific circumstances of your case. It is important to work closely with your child custody attorney to present a strong case for the custody arrangement that you believe is best for your child.
Child Custody Agreement
In many cases, the parents are able to come to an agreement on child custody without involving the court. This can be done through informal negotiations or with the assistance of a mediator. If both parents agree on the custody arrangement, they can submit their proposed plan to the court for approval.
If an agreement cannot be reached, either parent can file a petition for custody with the family court. The judge will then make a decision based on evidence and testimony presented by both parties. It is important to have a skilled and experienced child custody attorney by your side during this process to protect your rights as a parent.
Modifying Custody Orders
Child custody arrangements may need to be modified in certain circumstances, such as a significant change in one parent’s living situation or behavior that could harm the child. In these cases, either parent can petition the court for a modification of the custody order.
As with the initial determination of child custody, the judge will consider what is in the best interest of the child before making any modifications to the original agreement. Having a knowledgeable and experienced custody lawyer on your side during this process can greatly increase your chances of obtaining a favorable outcome.
If you and your family need an advocate, contact us now
When Should You Hire a Lawyer For Your Custody Matter?
There are a few key instances where you may want to consider hiring a child custody lawyer to help with your legal matter:
When there is a dispute over custody: If you and the other parent cannot agree on a custody arrangement, it may be necessary to involve a lawyer who can advocate for your rights and the best interests of your child.
When there are complex or high-stakes issues involved: In cases where one parent has concerns about the other’s ability to care for the child, or if there are allegations of abuse or neglect, it is important to have an experienced lawyer by your side who can effectively handle these sensitive matters.
When you need help negotiating an agreement: Even if both parents are working towards an amicable resolution, it can be beneficial to have a lawyer mediate the negotiations and ensure that your rights and interests are protected in the final agreement.
When you need assistance with court proceedings: If your custody matter requires a court hearing or trial, having a skilled and knowledgeable lawyer by your side can greatly increase your chances of obtaining a favorable outcome. They will be able to present evidence and arguments effectively on your behalf.
Regardless of the circumstances surrounding your custody matter, it is always advisable to consult with a lawyer who specializes in family law. They can provide valuable guidance and representation throughout the legal process, ensuring that both you and your child’s best interests are protected.
Schedule a Consultation with a Dedicated Custody Lawyer
At Grace Legal Offices, we understand that child custody matters are emotionally charged and can be overwhelming for all parties involved. That’s why our team of dedicated family lawyers is committed to providing compassionate, personalized, and effective legal representation for families in need throughout Central Pennsylvania.
With years of experience in the field of family law, we have the knowledge and skills necessary to handle even the most complex child custody cases. We will work closely with you to understand your unique situation and develop a tailored legal strategy that best suits your legal needs and goals.
