Best Interests of the Child
The primary consideration in child custody cases in Pennsylvania is the best interests of the child. Courts will evaluate various factors to determine what custody arrangement will promote the child’s physical, emotional, and psychological well-being.
Types of Custody
Pennsylvania recognizes two main types of custody: physical custody and legal custody. Physical custody refers to where the child lives, while legal custody involves the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious upbringing.
Factors Considered by the Court
When determining custody arrangements, Pennsylvania courts consider factors such as the child’s relationship with each parent, the parents’ ability to provide a stable and nurturing environment, the child’s preference (if they are mature enough to express a preference), any history of abuse or domestic violence, and the willingness of each parent to facilitate a relationship between the child and the other parent.
Parenting Plans
Parents are encouraged to develop a parenting plan outlining custody and visitation arrangements that meet the child’s best interests. If parents cannot agree on a plan, the court may intervene and establish a custody order based on the evidence presented.
Mediation and Alternative Dispute Resolution
In some cases, parents may be required to participate in mediation or alternative dispute resolution to attempt to resolve custody disputes outside of court. These processes can help parents reach a mutually acceptable agreement while avoiding the need for a contentious court battle.
Modification of Custody Orders
Custody orders are not necessarily permanent and may be modified if there has been a significant change in circumstances or if the current custody arrangement is no longer in the child’s best interests.
You should consider consulting with an attorney if:
- You are facing a child custody dispute with the other parent and cannot reach a mutually acceptable agreement.
- You believe that the other parent is unfit or poses a danger to the child.
- You need assistance navigating the legal process and understanding your rights and obligations.
- You are seeking to modify an existing custody order.
- You have questions or concerns about your custody rights
An experienced family law attorney at the Law Firm of Vincent Caputo can provide you with personalized legal advice, represent your interests in court, and help you achieve a custody arrangement that serves the best interests of your child. They can also guide you through the legal process and ensure that your rights are protected every step of the way.