Unfortunately, while the court must consider all factors equally, there may be attitudes left out by outdated parenting methods that emphasize the mother`s role as the primary caregiver of the family. For this reason, when it comes to custody, it is important to have a lawyer who can be your voice in an often one-sided justice system. Once a court has weighed the factors of a case, it issues a custody order. The order governs both the award of custody and, for non-custodial parents, the visitation rights they receive. The court must explain the reasons for its order in open court or in a written notice or order. If the court finds a continuing risk of harm to the child or a party to the application, it will include safety requirements to protect vulnerable persons in the order. Courts may impose requirements on parents to enjoy custody rights (e.g., pre-visit drug testing for parents with a history of drug or alcohol problems), but they do not prohibit visiting non-custodial parents unless there is a serious safety concern. such as child abuse. Provisions for grandparents and great-grandparents who may visit a child are also provided for in the statutes. Typically, a restraining order is nothing more than partial custody, as courts try to ensure that the party has guaranteed time with the child and does not bypass the custody procedure. The law changes often. Each case is different. This brochure is intended to give you general information and not to give you specific legal advice.
Joint custody, also known as shared custody, is an arrangement in which custody is shared by both parents in a way that ensures both parents have constant contact with the child. It is important to note that the parties may share custody and do not have the same amount of time with the child. Parents can have shared physical and legal custody. When parents don`t live together, their most difficult and serious disagreements often involve their children. It is generally preferable for both parents and children to have custody and access agreed on their own without lawyers and courts. It is important for parents to remember that their problems are not their children`s fault. When parents are trying to resolve a custody disagreement, the most important thing parents should consider is the best interests of the children. While it is useful to read the law as it was originally written in its legal form, it is often easier to understand its meaning when it is in plain language. This chart provides you with a helpful explanation of the factors that determine child custody in Pennsylvania. Custody issues are never simple, emotional or legal. However, it is important that you protect your rights in order to maintain a close and healthy relationship with your child in order to offer them the best possible future.
If you think you`re facing or are already facing custody issues, it`s a good idea to get in touch with an experienced attorney in Pennsylvania who is familiar with state laws and can explain how they apply to your situation. When awarding custody, Pennsylvania courts determine what is in the “best interests of the child” to make their decision. If the parents are unable to submit an appropriate parenting agreement to the court, the court issues its own control order to resolve the matter. Who should we turn to in New Jersey when the Gloucester County Supreme Court sealed the drug and mental health records of the inept father who lives with his mother in PA Section 8, where he is not allowed to live. He also has a neurodegenerative disease with all the symptoms to the point where he is unable to drive a car, take care of himself, use medical marijuana, has made threats about what he will do to the child if he is alone with him. His pro bono lawyer blew up this case and did everything illegal to detain him so that she could have a percussive gain. She is a criminal! Judges consider many factors when determining custody of a family that is leaving. For this reason, courts will want to know as much as possible about family dynamics, the health and well-being of parents, and their relationship with children.
Based on these results, they will try to find a fair settlement that is in the best interests of the children. Most custody agreements also stipulate who will make important decisions about the children for things like medical care, religious education, and education. This is called legal custody, which can be shared by the parents or exercised by only one of them. A change in circumstances is not necessary to change a custody order, but a change in schedule is unlikely to occur if circumstances have not changed. To discourage people from petitioning the court simply because they do not like the outcome of the original custody decision, there must be a reason for the change. These reasons are usually related to a change in circumstances that has resulted in one or both parents being more or less able to care for the child.