Join our newsletter.

What is the Custody or Partial Custody Order Procedure in PA?

Divorce is an arduous process, made even more difficult when children are involved.

One of the key questions concerning children and divorce is “Who will get custody?” It’s likely to be a major sticking point between you and your spouse during the proceedings. With that in mind, we thought we would try to answer some of the most frequent questions connected to custody and partial custody in Pennsylvania.

 

What’s the difference between “custody” and “partial custody?”

Custody in Pennsylvania falls into three main categories:

  1. Primary – One parent has custody of the child/children nearly all the time.
  2. Shared – Also known as “joint custody,” this is a situation where a child divides their time between parents.
  3. Partial – One parent has custody, but the other parent has the right to unsupervised visits, whether that’s on weekends, a few days a week, etc.

In cases where the court determines a parent may be a danger to a child – situations where there is a history of abuse or neglect – a judge can order supervised visitation, overseen by a friend or relative or – in extreme cases – a social services worker.

There are also cases where –after a custody complaint has been filed – a person can ask for interim custody. In most cases, an interim custody order will not grant more than partial custody, as the court will want to make sure each party has time with their child without disrupting the custody process.

What happens when two people can’t agree on custody?

If the parents can’t come to some sort of agreement on custody, a judge can order them to undergo mediation. If that doesn’t work, the court may intervene and decide a custody arrangement.

In cases of shared custody, who pays for child support?

There’s no easy answer to this one. In cases where both parents make the same amount of money and both share custody, the court may not issue a support order. But if one parent makes more than the other, the court could order them to pay child support, even in cases of shared custody.

How do courts decide who gets custody?

It all comes down to what’s best for the child. That isn’t just a philosophical argument: it’s state law. In Pennsylvania, courts must consider the child’s best interests as the crucial factor in a custody proceeding. Courts look at which parent has served as primary caretaker, where other siblings are living, and the child’s preference.

Still, every case is different, and the judge will also look at other factors, including both parents’ work schedules, the age of the child, and abusive conduct in the past.

Will my child need to go to court?

The judge may want to get your child’s input, but this often doesn’t involve them testifying in court, but rather meeting with the judge in their chambers.

Do my in-laws have any say in who gets custody?

State law gives grandparents automatic standing to ask for legal custody of grandchildren, and allows grandparents partial custody and visitation rights. The court can award custody to grandparents in cases where they find neither parent is a suitable guardian.

If you need the services of a child custody attorney in Bucks County, contact Penglase & Benson. Our firm has spent years making sure our clients are heard during their divorce proceedings. We can make sure your interests – and those of your children – are well represented.

Related News & Articles

For most of us, the experience of being arrested and charged with a crime would easily rank as one of the most frightening and stressful occurrences of our life. Undoubtedly, the...

A car accident or other traumatic injury-accident can result in an array of physical injuries: deep cuts or bruises; a broken bone; whiplash or another soft-tissue injury. The mental and emotional...

During the last week of June, the news was dominated by U.S. Supreme Court rulings on marriage equality, fair housing and health care. But another decision handed down at the state...

It’s hard for some people to stay organized, even in the best circumstances. And most of us would agree that getting divorced rarely qualifies as “the best circumstances.” It’s a traumatic,...

It had been two years since we had a family vacation. Everyone needed a break and a change of scenery. Our family had vaccinated months prior and we had weathered the...

Spend time traveling between Pennsylvania and New Jersey, you’ll start to notice little differences, on everything from gas pumps to state government. Another key difference: DUI laws. Although both states take...

YES! Witnesses often leave the scene of a collision once they find out that no one was hurt. As such it will often come down to your word against the other...

The advent of smartphones and social media have made it easier than ever share our lives with the rest of the world. “Here’s what I’m doing tonight.” “Look at this amazing...

Marriages may end, but being a parent is a lifetime job. After a divorce, you may be required to pay child support, or you might find that you depend on it...

There are many myths and misconceptions about the criminal justice system. The more a defendant knows about how the system actually works, the better he will be able to assert his...