Long-standing law in Pennsylvania is that the most important consideration when determining custody is the best interest of the child. To determine the child’s best interests, the court must look at all factors that legitimately impact the child physically, intellectually, morally and spiritually.
If a party has “visitation rights” they are not permitted to take actual physical custody of the child. The party is simply allowed to spend time with the child while the child is in control of another person. Can a judge order supervised visitation or no visitation?
Depending on the child’s age and maturity level, a judge may request to speak with the child should the custody litigation proceed to a hearing. Often, the child will not have to formally testify but will speak with the judge in his office.
Sole custody is the award of both physical and legal custody of the child to one parent. Sole physical custody is rarely granted. If both parents share custody does anyone pay child support? Possibly. Support obligations are determined by calculating the disparity in parties’ incomes.
On average, child custody lawyers cost between $1,200 and $4,500. The type of of dispute, a need for third-party experts, and the attorney selected all affect the total cost of legal fees.
It costs $107.13 to file for custody. It costs an extra $42.68 to file for emergency custody. Fees are different (or none) for other filings. ask to be excused from paying the fee by filing a petition to proceed In Forma Pauperis (IFP).
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.
There is no magic age before they turn 18. A judge must take a child's preference into account, along with that child's age, maturity and other factors. But the final decision is always up to the judge. Simply put, in a custody action, a child has a voice but not a choice.
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.
Pennsylvania allows for parents to share custody of a minor child after a divorce, and in some cases, that custody is split equally, 50/50.
The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.
“Will the Custody court favor my child's mother because she is the mother?” These are both commonly asked questions regarding child custody cases. The answer, according to Pennsylvania law, is “no.” Pennsylvania child custody law is specifically gender neutral.
Primary/partial physical custody: One parent receives primary custody and gets most of the parenting time. The other parent typically receives partial custody, getting the remaining parenting time. If it's unsafe for the child to be alone with that parent, the court may order supervised partial custody.
The PA Child Custody Law is gender-neutral, meaning that there is no presumption that a mother (or father) will automatically be awarded custody.Be active in your child's life. ... Monitor your online presence. ... Support your child's relationship with the other parent. ... Address issues of parental fitness.More items...
Quick Answer: There is no certain age in Pennsylvania law that a minor child may decide with which parent to live. The Court will decide what's best for children when the parties cannot and interviews with everyone and consultations with experts may be needed.
Factors Considered for Granting Full Custody A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child's best interests, such as if the other parent has issues with substance misuse or a history of leaving the child home alone for extended periods.
A plan for the custody hearings should be discussed with your child custody attorney. The specialist will advise the best way to carry out your que...
For many cases, talking through a qualified mediator can help parents resolve conflicts and communicate about disagreements. Mediation is a great w...
Depending on the situation surrounding the case, grandparents may also file the child custody case if they feel that the parents are unable to care...