How Divorce Affects Child Custody in Pennsylvania

If you are facing a divorce that involves minor children, the matter of child custody is of primary concern. However, in Pennsylvania, custody and divorce proceed on separate tracks, and it is important not to negotiate custodial time while also negotiating a financial settlement. In custody cases, Pennsylvania courts often aim to maximize the time children spend with each parent while prioritizing the children’s best interests. Turn to our experienced Pennsylvania child custody attorneys at JSDC Law Offices for the help you need.

Parents Must  Address Both Legal and Physical Custody

In your custody action, you’ll need to address both physical and legal custody. Legal custody establishes how you and your children’s other parent will make key decisions regarding your children’s health care, as well as their education, religious upbringing, and extracurricular activities. Physical custody determines when your shared children will be with you and when they’ll be with their other parent.

If you and your divorcing spouse (or co-parent, if not married) can negotiate child custody terms that work for both of you, you may not need to involve the court. If, however, you’re unable to do so – even with the skilled legal counsel of your dedicated child custody lawyer – then the courts are there to assist.

When a child custody case goes to court, it’s heard by the Family Division of the Court of Common Pleas in the appropriate county. This is usually the county where your children have lived with one or both parents for the past six months, sometimes called their ‘home county.’ If there’s no clear home county, for instance, because a family has recently moved, Pennsylvania law allows venue based on the child’s and parents’ significant connection to a county instead.

In Pennsylvania, the first step in custody litigation is a process called custody conciliation. You, the co-parent, and your attorneys will meet with a custody conciliator. Custody conciliators are typically attorneys appointed by the county to help parents resolve custody disputes before trial. Custody conciliations are forward-focused proceedings, and typically, no evidence is presented. At the conciliation, you will work to determine a custody schedule that will work for your family. Most cases get resolved at conciliation.

But if you cannot reach an agreement at conciliation, then you will move on to the next step. Some counties require or allow the parties to participate in mediation after conciliation if the conciliation was unsuccessful. In other counties, your case will proceed straight to a trial. If you have a custody trial, you will have the opportunity to present evidence and witness testimony before a judge makes a final decision.

The Court’s Perspective

Pennsylvania courts decide custody cases based on the best interests of the child, considering the totality of the circumstances and giving substantial weight to factors related to the child’s safety. Depending on the facts of the case, a court may award primary, shared, partial, sole, or supervised physical custody. The court may also consider each parent’s ability to provide stability and continuity, the level of cooperation between the parents, the child’s relationships and preferences when appropriate, and any history of abuse, violence, or substance misuse.

There is no presumption that one parent should receive custody simply because of gender, nor is there a requirement that parenting time be divided equally. Some of the primary factors that help Pennsylvania courts make child custody rulings include the following:

• The degree to which each parent is committed to healthy co-parenting and to supporting the other’s loving relationship with the children
• The degree to which each parent has been involved in raising the children to date
• The preferences of those children who are considered mature enough to voice them
• Each child’s and each parent’s overall mental and physical health
• Each parent’s support network in terms of family members and loved ones who are close to the children
• Any concerns that relate to violence or abuse in either parent’s home

Discuss your concerns with a knowledgeable child custody lawyer today.

Our Experienced Pennsylvania Child Custody Lawyers Are on Your Side

Our trusted Pennsylvania child custody attorneys at JSDC Law Offices understand the significance of your child custody case, and we have a wealth of experience helping clients achieve favorable outcomes. We’re on your side, so please don’t delay reaching out for more information by contacting us online or giving our firm a call at 717-520-4400 today.