Custody
In Pennsylvania, there are two types of custody: legal custody and physical custody.
- Legal custody is the right to make important life decisions concerning children
or at least have mutual input into important life decisions, such as medical, educational,
religious and residency decisions.
- Physical custody is the actual physical possession
of children. There are multiple types of physical custody. Primary/full custody
is when a parent has possession of their children over half the time, measured by
the amount of overnights. Partial custody is when a parent has their children less
than half the time, again measured by overnights. Sole custody is when one parent
has their children all the time and the other parent has no physical custody. Sole
custody arrangements are very rare. Joint/shared custody is when parents each have
their children half the time, which is an equal amount of overnights.
In most Pennsylvania counties, parents who are in need of the court system to resolve
their custody issues are required to attend some type of mediation in an attempt
to resolve their differences before “fighting it out” in a courtroom. If parents
are not able to resolve their differences through mediation, the court will conduct
a hearing/trial, at which time the standard used to determine what the custody arrangement
will be is:
- “What is in the best interests of the children”
In determining the best interests of children, the court will look at all relevant
factors that fit into each particular situation. A few non-inclusive examples of
relevant factors are:
- Which parent provides the most stability for the children
- The character
of parents
- The environment the children would be placed in while in each parents
care
- The desires of the children. A young child’s desires generally do not carry
a significant amount of weight in custody cases as the court does not feel young
children really know what is in their best interests. As the children get older
and more mature, their desires begin to carry more and more weight.
- Financial
ability of each parent to care for the children
- The school district where each
parent resides
- How much each parents work schedule allows them to spend time
with the children
- Each parents personal relationship with the children
Upon custody being determined by an Order of Court (whether by consent or court
directed), either parent has the right to request a modification of custody from
the time an original custody order goes into effect until the children become emancipated,
which is generally when the children reach the age of eighteen and graduate from
high school. Upon a parent requesting a modification, the court will modify an existing
custody order if it can be shown it is in “the children’s best interest”
For a detailed explanation of your custody rights, options and possible consequences,
please contact our office at 412-374-1424 for a free initial consultation.
|
Did You Know?
A spouse covering the other spouse on their employer provided health insurance generally must continue the coverage even after separation until a divorce is granted.
|