Children are the focus of every parent’s life and, as a result, child custody disputes are very challenging to face.
Pennsylvania recognizes several types of child custody:
- Legal custody means having the right to make decisions about a child’s upbringing and includes, but is not limited to, decisions about schooling, religion, and medical care.
- Physical custody refers to the physical location a child will reside.
- Shared or joint custody is when physical and/or legal custody are granted. This assures the child regular contact with both parents.
In certain cases, involved parties can arrange a suitable child custody agreement privately. If an agreement cannot be made, courts will order a suitable arrangement. Custody orders can be modified, but this only happens if there is a significant change in circumstances.
Courts consider many factors when awarding custody, such as:
- Parental character
- Parental abuse of drugs or alcohol
- Which parent will allow access to the non-custodial parent
- Past criminal conduct of either parent
- Household guests such as friends or significant others
The overarching standard courts use to determine custody is, “What is in the best interests of the child?”
Pennsylvania errs on the side of continuing contact with both parents, providing it is in the best interests of the child. To promote this goal, visitation for non-custodial parents is an enforceable right. Many different factors such as physical location of the parents and the child’s age affect the schedule and amount of visitation.
Parties other than biological parents are able to seek enforceable rights. If a parent is deceased, the parents are divorced, or if the child has lived with the grandparents for 12 months or more, visitation rights can be sought.
For people facing or preparing to face a child custody dispute, the attorneys at Mullaney & Mullaney are here to help.