Fighting for custody of one's child is one of the most difficult things that a parent will ever do. Yet, every day, some parents are trying to get custody of their child in a divorce or separation case. Parents can either decide to settle the custody issue amicably or take it to court if they are unable to do so.
Once a child custody case is filed in the court, it's largely out of the parents' hands. They would have to wait on the court to decide who gets the child, when they get it, and for how long. This can be a stressful period for both parties who are seeking to have the child to themselves. Usually, child custody cases arise when one or both parents think they're the better parent and deserve to have the child.
Yet, just because a parent thinks they are a reasonable choice doesn't necessarily mean that the courts will do their bidding. It will make its judgments based on the facts of the case.
If you're fighting to get custody of your child, you need the help of an experienced Huntingdon County child custody lawyer who can help make your case before the courts. The Family Law Team at the LLF Law Firm can help protect your rights, present your case, and work hard to ensure you get a fair hearing and outcome.
Call us at 888-535-3686 or fill out this online form to talk about your case.
The Basis of Child Custody Cases in Pennsylvania
At the heart of every child custody case is a straightforward question: What's best for the child? This is vital because it helps individuals see things from the court's perspective. The court's final decision on who gets custody of the child will depend on that simple question.
In Pennsylvania, several factors influence this decision. They include:
- Which parent is capable of providing a safe and secure home environment for the child
- The more amicable parent who will not discourage contact with the other parent
- The roles played by each parent in the child's life e.g. provider, nurturer, protector, etc
- If the child has siblings and extended family members who live nearby or are frequently available –essentially people who will contribute to the child's sense of stability
- The parent who's likely to meet the child's daily needs, as well as, emotional and psychological needs
- The parent who has abused the child in the past or with whom the child is most at risk of abuse, neglect, or harm in the present and future
- Whether the parents' jobs will allow them to cater to the child's well-being
- Each parent's capacity for care, protection, and guidance
- How close each parent is to the child's life activities such as schooling, sports, friends, and other extracurricular activities
- Each parent's history and likelihood of substance abuse, including alcohol, illicit drugs, or even addition to prescription drugs
- Whether both parties are willing to work with each other to provide the child with a safe and stable home environment to grow and thrive in
- Both parents' physical, mental, and emotional state
- The child's parental preference
If you and your ex-partner cannot agree on how to share custody, the judge will consider these and more before they make a decision. If you want to have a fighting chance at a fair case, let our Family Law Team at the LLF Law Firm help you.
Types of Child Custody in Huntingdon County, PA
The courts in Huntingdon County, PA, often resolve child custody cases by awarding one of the following custody arrangements:
- Primary physical custody
- Joint or shared physical custody
- Sole physical custody
- Partial or split physical custody
- Supervised physical custody
- Sole legal custody
- Joint or shared legal custody
In physical custody scenarios, the court decides who the child stays with, when they can stay with them, and for how long. If one party gets primary physical custody, it means that the child will stay with the person for extended periods.
This custodial parent will be responsible for their day-to-day activities and well-being even if they're not the primary provider. If both parties can reach a shared or joint physical custody agreement, the child will spend some time in each custodial parent's care. How long the child will stay with each parent depends on pre-determined or flexible arrangements.
In legal custody cases, one or both parents are given the authority to make crucial decisions that directly affect the child's present and future, with or without the other party's contributions. A sole legal custodial parent, for instance, doesn't have to consult with the other parent on those issues. They can take decisions on behalf of the child and the courts will back them.
Examples of decisions that the legal custodian(s) can make include where the child gets their education, which health insurance they get, what kind of sports activities they partake in –with the child's input, of course– and other fundamentally impactful decisions.
It's important to note that the parent with the primary custodial right may not necessarily be the one with legal custody. For example, the child's mother may have physical custody of the child, while the father has legal custody. Ultimately, the court often tries to award both parents legal custody so that both parties can cooperate to make the right decision for the child.
Parties That Can Pursue Child Custody in Huntingdon County, PA
In ideal conditions, one or both of the child's parents will seek custody IF a court has not yet terminated their rights. But where the parents are unavailable or unable to do that, some other parties can file for child custody. These include:
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The grandparents — If they've been the child's guardian for at least 12 months and/or believe that the child's welfare has been or will be at risk if the child continues to live with the parents or someone else.
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The child's guardian — Individuals who have cared for a child or acted as a parent for at least six months can file for custody “in loco parentis” or in place of the parent.
- The adoptive parents — If the child's parents are missing, incapable of providing care, deceased, terminally ill, have ceded responsibility, or are just not around, the people who have legally adopted the child can seek custody.
Does the Child Have a Say in Which Parent He/She Wants to Live With?
The judge may allow the child to decide which parent he/she wants to live with. But to do that, the child has to demonstrate clear judgment, be considered old enough to make that decision, and have solid reasons for wanting to stay with that parent.
However, while the courts allow children, regardless of age, to make their case, the judge's final decision will based on their concern for the child's well-being.
So, even if a child expresses their preference for one parent over another, the judge can overrule those prayers if they think granting custody to the preferred parent is not in the child's best interests.
Should You Adopt a Parenting Plan?
A parenting plan is simply a plan of action for parents with shared custody on how they'll care for the child given the new situation and with little to no disruption in the child's stability or way of life. It guides how both parents will proceed with the shared custody arrangement.
Parenting plans become necessary in a contested custody proceeding where shared custodial parents cannot agree on the custodial arrangement. Every parenting plan consists of some or all of the following elements:
- All of the child's important activities including schooling, healthcare, physical, religious, and other activities
- Child visitation and custody schedules
- Custody transfer locations and times
- Schedules for the child's education, vacations, and extracurricular activities
- Dispute resolution process for potential future conflicts
- Communication procedure between both parents
- The child's transportation and commuting arrangements
- Childcare guidelines by each parent
A thorough and detailed parenting plan can prevent future conflicts initiated in the process of caring for the child. It can also provide a pathway towards a relatively amicable custody arrangement or a speedy resolution process in the event of an unavoidable conflict.
Child Custody Modification — When Is It Necessary?
Child custody arrangements and agreements can be modified. However, the extent to which that's done depends on factors like the reason for the modification such as a change in life circumstances.
For example, if one parent becomes terminally ill, is imprisoned, incapable of caring for the child, or has to move away for some reason, there may be a need for one party to assume full custody of the child.
However, if the reason for the change is moderate such as a new job or work schedule, then, you may just need to make some slight adjustments to the custody agreement. Most child custody modifications can be done privately if both parties are willing to cooperate.
Also, any child custody modifications must be done with the consent and participation of the other party. The most important thing is that the child's welfare should be a priority for both parties.
If the situation becomes irretrievably broken down, and both parties cannot seem to agree, then one or both parties can approach a court to seek a modification.
The same thing applies if there's an increased risk of danger or abuse to the child with one partner. The other partner can ask the court to issue a restraining order against the erring partner.
Can a Parent With Shared or Full Physical Custody Relocate With the Child?
It depends. While Pennsylvania's laws do not allow either parent to relocate to far away locations, there may be a way around it. If there's a genuine need and the other party consents, the custodial parent may be able to move out of county, state, or country with the child.
To relocate with a child, the parent has to meet three requirements:
- File a 60-day Notice of Relocation at the court and send a copy to the co-parent.
- The co-parent had to approve the notice.
- The court has to review the application and approve the relocation after ascertaining that it's in the child's best interest. If the court decides the move will harm the child, it will deny the relocation request.
If just one of these three requirements is missing, the parent cannot relocate with the child. If a parent attempts to relocate without approval or consent, or conceals a child's whereabouts, that is grounds for filing a parental kidnapping, which carries a felony charge.
Emergency Child Custody — When Should You Seek One?
In Huntingdon County, PA, a parent or concerned relative can file an emergency child custody case with the local courts if they think that their child may be at risk of danger or harm in the other parent's custody.
Emergency child custody cases often attract an expedited review from the courts. However, you would have to show proof of your allegations to the courts that the child could be in imminent or future harm by the other parent's actions.
Some common grounds for filing an emergency custody case include:
- Imminent danger of physical, sexual, emotional, or psychological abuse by the other parent or household members.
- The other parent or household members engage in potentially harmful or dangerous activities that endanger the child's welfare e.g. the consumption of drugs or other illicit substances.
- The other parent has been arrested, charged, and/or indicted for breaking the law and the child has no one to look after him/her
Anything living situation puts a child's well-being in danger can be grounds for an emergency child custody case.
Hire a Huntingdon County Child Custody Attorney
If you live in Huntingdon County, PA, and are in fighting a child custody battle, you need the help of an experienced family lawyer. The Family Law Team at the LLF Law Firm can help you secure a satisfactory outcome.
We have deep knowledge of Pennsylvania's family and child custody laws and know how to navigate the mediation or represent your interests in court. We will fight to protect your rights, demonstrate how valuable your contributions are to the child's welfare, and show the courts that you deserve to be in your child's life.
Don't let your ex-partner take your child away from you without a fight. Call us at 888-535-3686 or fill out this form to discuss your case.
