· Legal custody has to do with the right to be involved in important decision making affecting the child (religious, educational and medical). Both physical and legal custody can be primarily held by one of the parties or shared equally. In determining custody, the court will analyze several custody factors that are set forth by statutory law.
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 · Our attorneys have many combined years of experience in handling custody matters from the outset of the case through the entire hearing process. If you find yourself in a position where you feel filing for custody of your child or children is necessary, call Chan & Associates at 717-925-0665 and set up a consultation with one of our attorneys.
a child, who is the subject of an action, attends a hearing or conference pursuant to Pa. R.C.P. No. 1915.11(c) or other rule, the party bringing the child shall be responsible for supplying a person to supervise the child while the parties are in the custody conference
You may bring an adult to sit with the child. The conference officer questions each parent and reviews related documents, including memos or reports from mediation. If the child is present, the officer interviews them to better understand which custody arrangement will serve their best interests.
What makes a parent unfit in PA? Any records proving mental or physical condition that makes the parent incapable of providing care for their child as well as criminal charges and drug use count as strong evidence to show that the parent is not fit to be awarded the custody.
The type and scope of parental duties performed by each party. A preference to maintain stability in the child's life. Whether extended family or relatives can care for the child. The relationship the child has with his or her siblings.
To determine the custody arrangement that best serves a child's needs, a judge will consider the following factors: each parent's role in the day-to-day care of the child. the child's need for stability in education, family, and community life. the child's relationship with extended family.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.
The short answer is no, CPS does not require a child to have their own room.
At What Age Can My Child Refuse Visitation? Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. In fact, Pennsylvania law defines a "child" as an unemancipated individual under 18 years of age.
Most custody trials last only a day. Pennsylvania law advises that longer cases should conclude within a certain time frame: 45 days if sessions take place on nonconsecutive dates and 90 days if sessions occur on back-to-back dates.
You should bring any important papers and information such as previous custody orders, protection from abuse orders, the opposing party's address, and social security numbers for all parties. In many PA counties, you must complete your own petition, according to the rules of your county court, and take it to court.
Pennsylvania's child custody laws include a gender-neutrality provision to overcome favorable and unfavorable biases towards both genders and help ensure each parent has an equal custody right to their child. A presumption for joint custody exists when both parents are found to be competent caregivers.
Unmarried fathers must establish paternity. You should get proof that you're the child's biological father (or legal father) before you pursue full custody. Many states won't even allow you to start a custody case if the child's paternity is unknown. Courts cannot discriminate against a parent based on gender.
Pennsylvania requires that fathers be treated the same as mothers in all divorce matters including child custody, child support, property division, and alimony. It used to be the case that judges would always favor a mother in deciding which parent would have primary custody of the child.
How Does a Family Court Determine If a Parent Is Unfit?A history of child abuse. ... A history of substance abuse. ... A history of domestic violence. ... The parent's ability to make age-appropriate decisions for a child. ... The parent's ability to communicate with a child. ... Psychiatric concerns. ... The parent's living conditions.More items...
When this syndrome occurs, a divorced or divorcing parent seeks to punish the other parent, sometimes going far enough as to harm or deprive their children in order to make the other parent look bad. Though most commonly called malicious mother syndrome, both mothers and fathers can be capable of such actions.
In order to ask a court to terminate or modify the unfit mother's custody rights, you must initiate a court case. You can initiate a case by doing one of the following: Call your state's Department of Child Protective Services (CPS).
At What Age Can My Child Refuse Visitation? Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. In fact, Pennsylvania law defines a "child" as an unemancipated individual under 18 years of age.
Legal custody is the right and responsibility to make healthcare, educational, and other welfare decisions for the child or children. This is usually “shared” meaning both parents must participate in making these decisions. Physical custody is where the child resides and with whom.
This is usually “shared” meaning both parents must participate in making these decisions. Physical custody is where the child resides and with whom. This can also be “shared” meaning the child or children spend 50% of their overnights with each parent.
Child custody in Pennsylvania. You must print each form and take it to the designated office in your county courthouse. Before you initiate a custody action, make sure you know the appropriate county court to bring this action.
Service. Service is the delivery of court papers to a plaintiff or a defendant. Court papers may be served by mail, but you must follow very specific rules. Court papers may be served by personal service - handing a copy of the paper to the other party – but not by you or a person related to you.
Proof of Service, called Affidavit of Service or Certificate of Service, is a form you must file with the court explaining how court papers were delivered to the other party. A court will not act on your case unless you have served the court papers and filed proof that you followed Rules of Court.
Parents may have shared physical and legal custody. Generally, even if one party has primary physical custody the parties will share legal custody, or the right to make decisions for the child. Sole custody is the award of both physical and legal custody of the child to one parent. Sole physical custody is rarely granted.
If parties cannot reach an agreement on a custody arrangement, they may be ordered to participate in mandatory educational and/or mediation sessions. If an arrangement still cannot be reached, court intervention may be necessary.
In Pennsylvania, the Grandparents Visitation Act provides grandparents with automatic standing to bring a petition for physical and legal custody of a grandchild. If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, ...
The court will take many factors into account when determining custody. Depending on the child ’s age, intelligence and maturity , the child’s preference can be taken into consideration. Other potential factors include the parties’ work schedules and past abusive conduct on the part of either party.
Support obligations are determined by calculating the disparity in parties’ incomes. If a child spends 40% or more overnights per year with a noncustodial parent, a rebuttable presumption exists that the noncustodial parent is entitled to a reduction in their child support obligation.