It is no secret that custody battles come with tremendous emotional stress and legal complexity. In the throes of divorce proceedings and the custody battles that often follow, many parents are anxious to make any mistake that might impact child custody. If you are concerned that your fault in a divorce will impact your ability to secure custody of your child in Pennsylvania, the LLF Law Firm's Family Law Team has the experience and know-how to help you reach the agreement you need. Contact us today by giving us a call at 888.535.3686 or by using our online form.

What Is the Difference Between “Fault” and “No-Fault” Divorce?

Individuals considering filing for divorce in Pennsylvania have the option of filing for a fault or no-fault divorce. Fault divorces, while uncommon and difficult to prove, result when an “innocent and injured” spouse is granted a divorce as a result of the other spouse's conduct. Some conduct that rises to the level of warranting a fault divorce includes desertion, adultery, cruel treatment, bigamy, and prolonged imprisonment. On the other hand, the more common no-fault divorce involves no such allegations and may be granted with or without mutual consent.

How Can Fault Impact Your Custody Battle?

Although it is far from determinative for fault-based grounds in a divorce to impact a spouse's chances at child custody, the court will take a variety of factors into consideration to determine the best interests of the child. For example, while it is extremely unlikely for an affair to impact the court's custody determinations alone, they could certainly take into account factors that indicate the affair led to any neglectful behavior toward the child. The same is true for desertion or imprisonment that naturally leads to a failure to stay involved in a child's life and cases of cruel treatment that lead a judge to believe it is in the best interest of the child to award sole custody to the “innocent and injured” spouse.

Whether you're seeking sole or joint custody, if you are concerned that your fault in a divorce may impact your chances in a custody battle, it is essential that you seek legal counsel to help you navigate the accompanying complexity and unpredictability and maximize your chances of an outcome in your favor.

Call the LLF Law Firm's Pennsylvania Family Lawyers

If you are facing divorce or separation in Pennsylvania and are concerned with getting custody of your child or children, the LLF Law Firm can help. We understand the unparalleled stress that accompanies a custody battle and the emotional toll that it can have on both parents and children alike. Our dedicated Family Law Team has many years of experience navigating the complex legal issues resulting from a custody battle while working tirelessly to ensure the best result for you and your child. Call us today at 888.535.3686 or contact us online.