Have a custody issue? Are you eligible for child support? If you need legal representation for a family law dispute in the Reading, Pennsylvania area, we may be able to help.
WILL I GET CUSTODY?
Custody of minor children is often a matter that both parents feel strongly about. So, how does the court determine a custody arrangement? The law in Pennsylvania looks at what is in the “best interest of the child.” Courts look at many factors to determine the best interest standard. These factors include:
(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
(2) The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child’s education, family life, and community life.
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the child’s maturity and judgment.
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.
(16) Any other relevant factor.
See Pa.C.S. 23 Section 5328.
There are two types of custody; Legal and Physical. Legal custody is often shared. Legal custody is defined as “the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.” See Pa.C.S. 23 Section 5322. Physical custody can be either 1) sole, 2) primary, or 3) shared. Sole physical custody provides one the right to exclusive physical custody of the child. Primary physical custody gives one the right to physical custody for of a majority of the time. Shared physical custody awards custody to more than one individual for a significant period of time.
CAN A CUSTODY ORDER BE MODIFIED?
A custody order can be modified by petitioning the court. The court will again review to determine the best interest of the child. Although a change in circumstance is not required to file a Petition to Modify, the court is unlikely to modify an existing order without a change in circumstance.
CAN I RELOCATE WITH MY CHILD?
As a general rule, no party shall relocate, unless (1) every individual who has custody rights to the child consents to the proposed relocation; or (2) the court approves the proposed relocation.
WILL I BE AWARDED CHILD SUPPORT?
Pennsylvania determines child support obligations by calculating the disparity in the parties’ incomes. Click here to be taken to the Pennsylvania Child Support estimator. If a child spends at least 40% of nights with the noncustodial party, there is a rebuttable presumption that the noncustodial party is entitled to a reduction in child support.
At Dutko Law, we take your Family Law matter seriously. If you require a custody lawyer or child support attorney in Reading, Allentown, or Easton, Pennsylvania, we can help. Contact us today for a FREE CONSULTATION and put our experience to work for you.