According to a 2019 American Community Survey, about 15% of marriages end in divorce. Many times, children are in the middle of these custody disputes. While child custody disputes can happen in a number of different circumstances, generally custody disputes occur after married parents divorce due to no-fault or at-fault-based grounds. Most parents wish to remain a part of their child’s life, regardless of their relationship with the child’s other parent.
Stark & Stark Pennsylvania child custody lawyers have decades of experience finding solutions to child custody disagreements that serve the child’s best interest and make sense for both parents. To better understand your options when it comes to your child custody agreement, call Stark & Stark child custody attorneys to schedule a confidential legal consultation.
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Child Custody in Pennsylvania
Under Pennsylvania law, there are two types of child custody: legal custody and physical custody.
- Legal custody: Legal custody refers to one or both parent’s ability to make decisions regarding the child’s upbringing, including decisions regarding their education, religion, and health. The most common arrangement is shared legal custody, where both parents are involved in decision-making regarding the child. If the court decides it is in the child’s best interest that one parent has the right to make all decisions regarding their upbringing, that parent will be granted sole legal custody.
- Physical custody: Physical custody refers to the parent that lives with the child and makes decisions regarding their daily needs. Physical custody can be held by one parent or shared by both. For example, if one parent has the child each weeknight and one parent has the child every other weekend, the parent who sees the child every other weekend has partial physical custody, and the parent who has the child during the week has primary physical custody.
- Third-party custody: Under certain circumstances, individuals other than the biological parents may request custody of the child. Pennsylvania allows grandparents to file for partial custody of their grandchildren if the child has lived with them for at least 12 months, one or both of the parents are deceased, the parents have been separated for at least six months, or if the parents have filed for divorce.
How Do Pennsylvania Courts Make Child Custody Determinations?
When determining a custody agreement, the court tries to make a decision that is in the best interest of the child. In some cases where the parent is deemed mentally unfit to care for the child but is not a threat to the child, they may be afforded supervised physical custody.
Factors considered when determining custody include:
- The child’s relationship with each of their parents
- The child’s relationship with other family and household members
- Each parent’s ability to provide a safe home
- Each parent’s ability to provide adequate food, clothing, and medical care
- The child’s mental and physical needs
- Each parent’s mental and physical health
- Each parent’s work schedule
- Each parent’s background, including criminal convictions, substance abuse, etc.
- The geographical location of each parent’s home
- The child’s wishes (depending on age and maturity level)
What Type of Custody Agreements Can a Pennsylvania Court Order?
After taking these factors into consideration, the court will issue a custody order. A custody order can take many forms and may include:
- Joint or shared physical custody: Each parent has the child with them at least 35% of the time
- Partial physical custody: A parent has the child living with them the minority of the time.
- Primary physical custody: A parent has the child living with them the majority of the time.
- Sole physical custody: The child lives with one parent at all times.
- Shared legal custody: The parents both make decisions regarding the child’s upbringing
- Sole legal custody: One parent exclusively makes the decisions regarding the child’s upbringing
Pennsylvania Child Supervised Physical Custody
Formerly called visitation, supervised physical custody in Pennsylvania refers to when one parent without custody periodically visits the child. Supervised physical custody is issued when the court believes that the child’s safety and wellbeing may be in danger if they are left alone with the parent. As such, these periodic visits are under the supervision of the other parent or a designated third party in physical control of the child.
Modifications to Pennsylvania Court-Ordered Child Custody
A custody order is an order issued by the court that establishes the family’s custody agreement and what schedule they will follow. The custody schedule covers all aspects of the custody arrangement and includes weekly visits, vacation and holiday time, and issues that may arise like transportation. Stark & Stark’s child custody lawyers have years of experience negotiating these agreements through mediation and in court.
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How is the Child Support Amount Determined?
In Pennsylvania, child support is calculated based on guidelines that consider the parent’s actual income and the earning potential of both parents, as well as the amount of time each parent spends with the child.
What Happens When a Parent Fails to Pay Child Support in Pennsylvania?
Pennsylvania has stringent laws surrounding child support, and offenders may be punished by the court. Back pay child support money that is owed is called arrears. Pennsylvania parents who fail to pay child support can face jail time; driver’s license and passport suspension; seizure of bank accounts, certain incomes, and properties; and more. An experienced child custody attorney can help you understand your options and enforce the terms of the child support agreement.
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Child Support Relocation
When one parent wants to move to a distant location, there are specific requirements that must be met to bring a relocation case to court. In some instances, jurisdictional disputes will arise where the court will determine who will decide the dispute and which laws apply. A knowledgeable child custody attorney will guide you through the often complicated jurisdictional statutes when dealing with relocation.
Contact a Pennsylvania Child Custody Lawyer Today
For over 80 years, the Pennsylvania family law attorneys of Stark & Stark have been advocating for family’s rights and providing favorable results for our clients both in negotiations and inside the courtroom. Many issues can arise when determining custody which is why it is vital to have legal counsel on your side who understands the complexities of family law.
If you have questions regarding child custody, child support, relocation, or any other family law issue, contact Stark & Stark’s dedicated child custody attorneys today. Our skilled Pennsylvania family law lawyers offer free legal consultations.
