Navigating the Custody Process

It is important to secure legal representation as soon as possible.

You can go to the Centre County Bar Association website to search for attorneys that practice family law.

Here is a list of family law attorneys in Pennsylvania that note their practice works with fathers in matters of custody.

Additionally, be cautious with agencies. Even if well intentioned, there may be underlying bias or presumptions on the part of social workers that could influence decision making. Be aware that any changes in parental responsibilities may set a precedent that will impact impact future decision making, sometimes to your detriment.

Make sure you know what you want and carefully consider the future before making any commitments or agreements.

Keep in mind that the judge will be influenced by his or her perception of what is in the best interests of the child. While both parents are theoretically seen as equal under the law, in some situations the father has a steeper hill to climb to achieve parity in the eyes of the court.

Both physical custody and legal custody exist in the state of Pennsylvania. Physical custody is the physical possession of a child; this can be in the form of:

• Sole custody – when one party alone has physical custody.
• Shared custody – both parties share custody, with each having significant periods of time with the child.
• Partial custody – when one party has the child for less time than the other.
• Primary custody – when one party has the child for majority of the time.
• Supervised custody – when an agency or another adult monitors visits between party and child.

Legal custody gives the party a right to make major decisions in the child’s life which typically includes decisions involving education, religious up-bringing and medical procedures/actions. Legal custody can be sole, shared or integrated into any form of physical custody.

In some situations other parties may seek custody. Custody is not a sole right of biological parents. Parents, grandparents, persons who stand in place of the parent and great-grandparents can file for full or partial custody in some instances.

When the court issues a custody order, it may also address visitation rights. Visitation is the right for the non-custodial parent to visit with the child.

Someone with visitation rights may visit the child, but may not have the right to remove the child from the custodial parent’s control. Supervised visitation is the chance to visit with the child while in the presence of a third party who watches the interaction between the visiting parent and child and reports back to the judge.

Judges make custody decisions in Pennsylvania based on many factors. It is important to remember that custody decisions are intended for the purpose of insuring that the best interests of the child are protected. The judge must now consider specific factors including, but not limited to the following:

• Which party is more likely to encourage and promote frequent and continued contact between the child and other party?
• Any recent or past abuse committed by either party or anyone within their household.
• The parental duties performed by each party on behalf of the child or children.
• The availability of extended family to the minor child.
• The preference of the child (based on maturity and judgment, usually past the age of 14).
• Any past or future attempts to turn the child against the other party (i.e. alienation).
• Ultimately what the judge determines is in the best interests of the child.

The current law governing whether a party may relocate out of the court’s jurisdiction has recently been rewritten. In Pennsylvania, if you want to relocate out of state and there is a custody order in place, the relocation cannot properly occur unless all parties to the custody order give consent or the judge approves the relocation. If all parties do not give consent, the judge will weigh the following factors:

• The age, development stage and needs of the child.
• Whether the relocation will improve the general quality of life financially, emotionally and educationally for the parent and most importantly of the child.
• The reasons for seeking relocation as well as the reasons for opposing parties’ oppositions.
• The possibility of continuing a relationship between the non-relocating party and the child through appropriate custody arrangements taking into account financial resources and location of both parties.

Another significant factor is that the party wishing to relocate must follow a formal procedure sending notification to the other party. The other party has only 30 days to object or they forfeit their right to challenge the move. If you get a notice from your ex asking to relocate, do not procrastinate! Call an attorney immediately!

Parents who are still living together may apply for a custody order, which becomes effective immediately after the actual physical separation occurs. In the past, the court would not enter an order until the parties were living separate and apart, Now it will.

Keep in mind that the judge will be influenced by his or her perception of what is in the best interests of the child. While both parents are theoretically seen as equal under the law, in some situations the father has a steeper hill to climb in order to achieve parody in the eyes of the court. Fathers who want to play a major role in their children’s lives may have to do more than the mother to prove they deserve to do so, even though the law says both parents should be treated equally.

Because custody and support are supposed to be decided for the best interest of the child, a custody order is never permanent. If a custody order is already in place, either party can ask the judge to change it — you can petition the court for a modification of custody.

To modify (change) a custody order, you will need to go to the court that issued the order, even if you have relocated. Once a case is heard, the jurisdiction of the case will not change even if you move to another state. If you have in fact moved, you can ask the judge to change the jurisdiction (transfer the case) to the new state that you are in although this is often difficult to accomplish, especially if the other parent disagrees.