Child custody cases can be the emotionally charged in any family law practice. The fear of never being able to see your child again after a divorce or separation can cause anyone to lose their hopes and grip on reality. The law tries to look at the child’s best interests. Custody is a term that refers to the ability to have a physical presence around your child but in the state of Pennsylvania, it also applies to having the right to making important decisions that impact the child’s life such as education, religion, and medical care.
There are various of forms of custody that can be implemented. These conditions depend upon what the court decides is best for the well-being of the child and contingent upon the stability and caregiving by each parent.
Sole Physical Custody: This means the child resides with one parent and the other parent has no legal rights over the children. This is a rare case except in situations where abuse or neglect to the child can be proven.
Shared Physical Custody: This is the most common application of custody in Pennsylvania. Both parents agree to a 50/50 or 60/40 time allotment between the children. Both parents are considered legal guardians of the children.
Primary Physical Custody: This means the child spends the majority of time with one parent and possibly spends overnight care with the other.
Partial Physical Custody: This is the complementary side of Primary Physical Custody where the parent has some authority to care for the child in overnight situations.
Visitation: This is the right to spend time with the child but not to remove them from a designated establishment. Some visitation privileges may be supervised by the other guardian or a child service worker. Parents with visitation rights only may not always be considered legal guardians.
It is important to seek legal counsel when attempting to establish the terms of legal custody. There are guidelines that must be met and terms to agree upon. As these issues can become heated emotional exchanges, it is best to allow an attorney who specializes in family law to represent you.
Besides the allocation of custody, there are other aspects to consider. The courts and both parents must agree upon certain factors such as visitation rights by grandparents. Regulated communication between the parents and the children when the children are residing in the other parent’s care or household. Schedules of custody or visitations. Specific dietary or religious regulations to enforce while under the care of the other parent.
Whatever your custody needs currently are, David W. Kaiser, Attorney at Law, can help. He has helped hundreds of parents find the best options for their children. Whether you are seeking to establish the terms of custody, enforce visitation rights, or renegotiate the terms of custody based on new circumstances, we can help.
If you are involved in negotiating the terms of custody for your children in the Pittsburgh area then please call 724-425-1110 today and we will assess your situation. We know that when it comes to fighting for custody, both parents want what is best for the child. Call today to schedule a free consultation with David W. Kaiser, Attorney at Law! We are waiting to hear from you.