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CUSTODYHow do Pennsylvania courts decide custody of children? The standard applied by the court in determining custody is "what is in the best interests of the children?" The court (or the hearing officer at a conference) can consider every aspect of the children's lives, including, but not limited to their age, health, education, activities, special needs, the home life, the parents' work schedules, the emotional bonds between the children and each parent, which parent has been the primary caretaker, which parent has more time to spend with the children, which parent is better able to meet the children's needs, unity of the siblings, etc. The court also considers which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child. In addition, the court considers any present or past violent or abusive conduct of a parent or adult household member, which may include, but is not limited to, abusive conduct as defined under the Protection from Abuse Act. The children's preferences may also be considered, depending on the children's age. The older the child, the more weight the preference is given, but children's preferences never control the Court's ruling.
What is the difference between legal and physical custody of the children? Legal custody is the right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions. Physical custody is the actual physical possession and control of a child.
When is shared legal custody awarded? Courts will usually award shared legal custody to parents who have good parenting abilities, are mature, and are able to cooperate in the upbringing of the children. Shared legal custody (also referred to as "joint" legal custody) means that both parents have an equal say in making major decisions affecting the children. Decisions involving medical care, religious upbringing, education, summer camp, and the like, are to be made by both parties. Legal custody is different from physical custody. Shared legal custody does not necessarily mean equally shared physical custody. In some situations, 50/50 physical custody arrangement works best for the children, but not in all situations. In other cases, it is not unusual for children to stay with one parent during the week and with the other parent on weekends, or with one parent during the school year and with the other parent during the majority of summer vacation. Often weekend time is provided during the summer for the parent who does not have the children staying with him or her most of the summer weeks. Each case is different and there is no "one size fits all" custody arrangement. You should meet with an attorney early in the process of an anticipated separation or custody dispute to discuss your options.
How do I get a custody court order? In our region of Central Pennsylvania, parents have various options with regard to obtaining a court order for custody. 1. You could attempt to reach an agreement with the other parent through discussion, counseling, or mediation, and then have this agreement reduced to writing by an attorney and approved by the court. 2. You or the other parent could file a petition for custody and, depending on the county, the case would then either be heard by a custody hearing officer who would attempt to negotiate an agreement, or be scheduled for a pre-trial conference and hearing before a hearing officer, or be scheduled for a pre-trial conference or hearing before a judge of the Court of Common Pleas. Each county handles the initial custody proceedings differently, so you should consult with an attorney to learn the current procedure in the county where you might file. 3. Some parents seek court-ordered custody as part of a divorce proceeding. 4. The Court has the authority to award temporary custody as part of a protection from abuse action, if there is "abuse." Such orders are only temporary, so you should consult with an attorney to consider filing a custody petition in addition to having a protective order.
Do I need an attorney? It is always advisable to have an attorney in a custody dispute. That said, Northumberland, Union, Snyder and Montour counties have "pro-se" (on your own) custody complaint forms with instructions, which make it possible for parents to file a custody action and seek an order of custody without an attorney. A video regarding the pro se process is available at some public libraries. If the parents disagree strongly regarding custody issues, it is advisable for each side to have an attorney from the beginning rather than to use the pro se process.
Can Custody Orders be Changed? There is no such thing as a permanent custody agreement or order. Either parent can seek to modify a custody order or agreement if circumstances change in the future. As children get older, it is not unusual for circumstances to change and to have one or both the parents return to court to seek modification of custody. We would be glad to discuss modification of custody with you. Please call for an appointment (570-524-7881).
Grandparent Custody Sometimes grandparents are excluded from seeing, spending time with, or having partial custody of a grandchild.The law is complex and evolving on this subject, so we urge you to consult with an attorney to discuss your situation. There is a difference between the way visitation and partial custody, and legal and primary physical custody, are treated. Grandparent Partial Physical Custody or Visitation In Pennsylvania there are a number of ways grandparents can obtain the right to see their grandchildren. These include situations where a divorce is pending between the parents, where parents have been separated for six months or more, when a parent is deceased, or when a grandchild has lived with the grandparents for more than a year. The best interests of the grandchildren are always considered by the court in deciding whether to award visitation or partial physical custody to a grandparent. There are exceptions to the above basic principles, so you should see an attorney to go over the specific facts of your case. Grandparent Legal and Physical Custody In certain circumstances grandparents may obtain legal and physical custody of a grandchild or grandchildren. Custody could be awarded to a grandparent:
Generally, it can be difficult for grandparents to obtain legal custody when litigating against natural parents. On the other hand, grandparents sometimes do win. (If all parties are in agreement, litigation would not be necessary.)
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