Child custody battles or cases can either be brutal or amicable. It depends on both partners and how they want to approach the issue. If both parents can successfully reach an agreement about who gets the child(ren) and when they get them, there may not be any need for a child custody hearing.
But if they're unable to agree outside of the courts, they'll likely need a child custody hearing in a competent court of law. While there are many underlying factors surrounding custody cases, the most obvious one is that one or both parents think themselves the best parent for the child.
However, emotions, perspectives, or opinions have no bearing on the success of a child custody hearing. The court will decide the best child custody arrangements based on the facts of the matter presented before it.
If you're going through a child custody battle, you need an experienced family lawyer in Wayne County, PA. At the LLF Law Firm, our Family Law Team can help you navigate this rather difficult process, protect and fight for your rights, and ensure that you and the other parent can come to a fair child custody agreement.
Call us at 888-535-3686 or fill out our online contact form to discuss your case.
Who Can Seek Custody of a Child in Wayne County?
Several parties can seek child custody in Pennsylvania. Ideally, it would be the child's parents. But where that's not possible for some reason, the following parties can file for custody of the child:
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The child's adoptive parent(s) — If the biological parents are deceased, missing, or unavailable and the person(s) adopted the child, they can pursue a custodial arrangement.
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The child's guardian — If someone other than the child's biological parents has cared for the child for an extended period, they can file for custody.
- The child's grandparents — If the child has lived with and been cared for by the grandparents for at least one year. Also, they can seek custody of the child if they believe the child is at risk of abandonment or abuse.
Can the Child Decide Which Parent to Live With?
Under special circumstances, Pennsylvania allows children to decide the parents they want to live with. While there are no age restrictions, the law requires that the reason for choosing a parent be mature, well-thought, and of sound judgment.
This means that even if a child decides he/she wants to stay with a particular parent, the court can overrule their wishes in the interest of their welfare if the court doesn't think that they have a valid reason for their decision.
Types of Child Custody in Wayne County, PA
In Wayne County, PA, the court has several options for resolving custody issues. These include:
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Physical Custody: This involves the child being physically resident with the parent who gets this type of custody. This way, the custodial parent can take care of them. Physical custody can be primary, joint/shared, split/partial, or sole.
When parents are awarded shared or joint physical custody, it means that the child will split their time between both parents' locations. This is where arrangements such as who gets the kids, when, and for how long matter.
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Legal Custody: This involves the right or authority to make certain important decisions for the child. Examples of legal decisions include what schools they attend and which medical insurance to get for them. Depending on the court's decisions, parents can either get sole or joint legal custody.
The parent with sole legal custody makes all the important decisions regarding the child's well-being. They don't necessarily have to consult with the other partner, even if that partner has physical custody of the child.
However, in joint or shared legal custody, both parents have the authority to make those important decisions for the kids. The court hopes that if both parents are awarded joint legal custody, they'll consult with each other to do what is ultimately best for the child.
Please note that the court can award physical custody to one parent and legal custody to another. So, it's important not to assume that just because a parent has one custody type, they'll automatically have the second. Several factors influence these decisions.
Factors for Deciding Who Gets Custody of a Child
The most vital decision metric that courts consider is the child's best interest. Therefore, all subsequent decisions, verdicts, and custody arrangements are hinged on that single factor. Additionally, other factors determine the outcome of a custody hearing, all of which will be considered by a judge before reaching a decision. These include:
- The parent most likely to provide a stable and safe environment for the child
- The parent who's likely to encourage frequent contact between the child and the other parent
- Past, present, or future risk of abuse or neglect by a parent
- Parental duties performed by each party
- The presence of siblings and the availability of extended family members
- The child's custodial preference, and the court's perception of the child's age, ability to reason and make sound judgments
- Each parent's occupational demands and requirements
- A parent's history of attempted or successful alienation of the child from the other parent
- The parent's capacity to provide for the child's emotional needs or any other special needs
- The parent most likely to attend to the child's ongoing needs daily
- The ability of each parent to care for or provide the necessary care for the child
- The proximity of each parent's residence to the child's hub of life activities e.g. school, sports, friends, etc
- Each parent's history of alcohol or illicit drug use
- Each parent's physical and psychological health
- Both parents' willingness to cooperate to provide a stable life and environment for the child
As you can see, there's a lot that goes into every child custody hearing. If you want to ensure that you do not get the short end of the stick and have a good chance of a fair outcome, you need a Wayne County family law attorney to help fight for your rights. At the LLF Law Firm, our Family Law Team can help you.
When Is a Parenting Plan Necessary?
If both parties were awarded shared custody and can't seem to agree on how they'll handle the custody arrangements, the court may require a parenting plan. This is a thorough plan for both parents to handle the shared custody arrangement. A parenting plan typically has some or all of the following:
- Individual arrangements for childcare
- Plans for the child's educational, religious, and social activities if any
- Arrangements for the child's transportation and commuting
- Healthcare arrangements
- Dispute resolution plans for disagreements over the child's welfare
- Plans for change in custody arrangements
Can You Change or Modify a Child Custody Arrangement or Order?
Yes, you can. However, it has to be done in agreement with the other party and without infringing on their rights. Even though most child custody agreements are concluded in court, they are not set in stone. Both parents can tweak or modify the arrangements if there's a change in life events or circumstances.
For example, if the primary custodian takes up a job that requires more hours, they can discuss the new development with the other parent and figure out ways to accommodate the new schedule whilst still prioritizing the child's welfare.
Relocating With the Child
Ideally, the primary custodian is not meant to relocate far away with a child whose custody is in contention. However, depending on their circumstances and reasons, the parent with primary custody may be able to relocate.
But this has to be after certain requirements have been met. First, the parent has to file a 60-day notice of relocation to the former partner or child's other parent. Second, the other party has to agree to your relocation. Third, the courts have to determine that the relocation is in the best interest of the child.
Child or parental relocation cases are often complex and stressful, which is why you need the help of an experienced family lawyer in Wayne County, PA, to navigate it. If your ex-partner has filed a Notice of Relocation, our Family Law Team at the LLF Law Firm can represent your interests and make sure that there's no foul play involved.
Seeking Emergency Child Custody in Wayne County, PA
If you suspect that your child may be in danger of domestic abuse or violence while in the other parent's custody, you can file an emergency child custody case. This will expedite the custody review process and may allow you to get the child out of that dangerous situation.
You will have to show the courts that your child's welfare is threatened by them being in the custody of the other parent who you think may cause them harm. Some other reasons for filing emergency custody include:
- Danger of sexual or physical abuse by the custodian or other household residents
- The parent indulges in dangerous activities that put the child's well-being at risk
- The parent has been arrested or charged with a grievous crime
- The parent consistently neglects the child
- The child's living conditions are considered dangerous or unsafe
Emergency child custody filings are often seriously considered by the courts. However, you will be required to provide concrete proof of your allegations to get custody of the child.
What to Expect in a Child Custody Court Proceeding
Child custody hearings are all about one thing: proving that you're the most suitable parent for that child. Therefore, it goes beyond your declaration of affection or love for your child. You must show in clear and concrete terms that you can provide the child the stability, safety, and care that they require.
This means that you'll have to work with your family law attorney to present the facts of the case. This means you'll have collected adequate evidence and proof that will then be presented before the judge.
There's no jury in most child custody cases, so the outcome of your case will largely depend on the judge's determination of the facts. Where necessary, your child may be required to take the witness stand or be present in court for the proceedings.
Ultimately, the judge will decide on the custody arrangement that works in the child's best interests. Once the judge rules, both parties are required to adhere to the ruling until there's a need to modify the child custody agreement. If a party fails to adhere to the terms of the agreement, the court may fine the erring party, issue restraining orders, or even send them to prison.
Contact a Wayne County Child Custody Lawyer
In Wayne County, PA, child custody cases are serious. Unfortunately, because there's no jury, some individuals have tried to represent themselves in family court, to the detriment of their case. The reality is if you want to improve your chances of getting a fair outcome in your child custody case, you need the help of experienced family law attorneys who know how to prepare a winning case on your behalf.
The Family Law Team at the LLF Law Firm has handled many child custody cases for individuals. We understand the court system and know how to make a case for you in the courts. As qualified attorneys with extensive knowledge of family law and child custody process in Pennsylvania, we can fight for you and help you secure an agreement that will be in your child's best interests.
We will present your case in the best light, highlight the importance of your contributions, and ensure that your rights are adequately protected and considered by the court. Remember, you deserve the right to a fair outcome, and we can help.
Call us today at 888-535-3686 or fill out our online contact form.
