FAQs About Child Custody in Pennsylvania
If you are going through a divorce or have a separate custody dispute, you likely have a lot of questions. One reason it is so important to work with a Lehighton family lawyer is so that you can get the answers you need to your questions and be fully prepared for the proceedings. Below, our experienced attorney outlines some of the most common questions we hear, and the answers to them.
What Types of Child Custody are There in Pennsylvania?
As in most states, Pennsylvania recognizes two types of child custody. The first is legal custody, which dictates which parent has the right to make important decisions for the child. These may include educational, medical, disciplinary, religious, and social decisions. A court may award sole legal custody to one parent or joint legal custody to both parents.
The second type of child custody is the type most people think of when they hear the term. This is physical custody. Physical custody refers to the parent who has physical control of the child. Like legal custody, a court may award one parent with sole physical custody but in most cases, the courts try to award joint custody to both parents.
What are the Different Types of Child Custody Arrangements?
Sole and joint custody were briefly explained above. When one parent has sole custody, the child spends all of the time with them and they also typically have sole discretion when making decisions for the child. If a parent has primary physical custody, this means the child spends most of their time with that parent, but they do spend time with the non-custodial parent.
Partial physical custody refers to when a child spends less than 50 percent of the time with a parent, usually just on holidays and weekends. Visitation, on the other hand, refers to when one parent can only spend time with their child under the supervision of the custodial parent or a third party.
How Can I Obtain a Child Custody Order?
There are two ways to obtain a child custody order in Pennsylvania. If you and your former partner can agree to the terms of child custody, you can draft the agreement and submit it to the court. As long as it reflects the child’s best interests, the judge will approve it. If you are unable to agree, you and the child’s other parent will have to appear in court and argue your case before the judge makes the final decision.
How to Enforce a Child Custody Order?
There are times when one parent refuses to abide by the child custody order. For example, one parent may be consistently late, or the other parent may refuse to allow the child to spend time with the other party at all.
In these instances, the parent missing out on time with their child can file a petition of contempt with the court to enforce the order. If the petition is successful, the parent failing to comply with the existing order can be ordered to pay a fine, or may even face jail time. The judge may even order them to pay the other party’s legal fees for bringing the contempt petition.
Our Family Lawyer in Lehighton Can Answer Your Questions
If you are going through a child custody dispute, our Lehighton family lawyer at The Law Office of Kim M. Gillen, P.C. can answer them so you can make informed decisions. Call us now at 484-613-0011 or contact us online to schedule a consultation and to get the legal help you need.
Source:
pacourts.us/learn/representing-yourself/custody-proceedings
