The process of obtaining custody of your child or children can be complex. Asking the right child custody questions can help you better understand your options and guide you through the custody process.
The family law lawyers at Schwartz, Fox, and Saltzman, LLC have been successfully litigating child custody matters for over 40 years. Our team of experienced Philadelphia child custody attorneys can help you navigate the complex legal system and protect your parental rights.
This article provides 20 child custody questions to ask your attorney in Pennsylvania.
Child Custody Questions to Ask Your Attorney
A child custody case can turn into a frightening and emotionally draining ordeal. Much of the stress associated with this process can be alleviated by learning about the process and relevant laws. This is why it is important to ask your child custody lawyer the right questions to ensure you fully understand the process along with your rights and responsibilities.
1. What Are My Rights as a Parent?
As a parent, you have broad legal rights concerning your child’s care and upbringing. Your parental rights include the authority to decide how your child is raised, educated, and disciplined. Additionally, you also have the right to make medical decisions on behalf of your child, along with the ability to make decisions with regard to safety and welfare.
2. How Long Does a Custody Case Take?
Aside from the size of the court’s docket, the duration of child custody cases depends on various factors. Your child custody case may take longer to resolve if multiple issues, such as physical custody, legal custody or visitation, are being contested. An experienced family law attorney can work with you to prepare your child custody case to ensure it is efficiently litigated.
3. How Do I File for Child Custody?
If there is no child custody order in place, you must prepare and file a Complaint for Custody with the court. If you and the other parent do have a prior existing custody order, you must prepare and file a Petition for Modification of a Custody Order. A child custody attorney can prepare the necessary pleadings for all the legal proceedings for your child custody case.
4. Do I Need a Child Custody Lawyer?
While you can represent yourself in a child custody case, hiring an experienced child custody lawyer is recommended to ensure your child custody case is properly litigated in family court. Along with answering your Pennsylvania child custody questions, a child custody attorney can gather relevant evidence showing you are the better parent and present it to the judge. Strong and effective advocacy in many family law cases increases the chances of a favorable outcome.
5. How Does Partial Custody Work?
Partial custody refers to a noncustodial parent’s right to spend time with their child. Custodial time can either be unsupervised or supervised. Most courts do not require the other parties’ custodial visits to be supervised unless there is clear evidence of drug abuse, domestic violence, child abuse, or some other serious issue.
6. How Do Courts in PA Determine Custody?
Under Pennsylvania State law (§5328), a court determines custody using the best interest of the child standard. While this may seem arbitrary, a court makes this decision based on the following factors:
- Which parent is more likely to encourage the child to maintain contact with the other parent?
- Any history of abuse in the parent’s household along with which parent can supervise the child and ensure the child’s safety.
- Each person’s parental duties.
- Which parent can provide a more stable household for the child’s life and education
- The availability of extended family.
- The child’s preference.
- Whether either parent has attempted to turn the child against the other parent.
- Which parent is more likely to maintain a loving, stable, consistent, and nurturing relationship with the child adequate for the child’s emotional needs?
- The physical distance between each parent’s residence.
- Which parent is more available to care for the child, or which parent can better ensure proper child care arrangements?
- The level of conflict between each parent and the ability of each parent to cooperate.
- The history of drug or alcohol abuse of a parent or member of a parent’s household.
- Each parent’s mental and physical condition.
- Any other relevant factor
In short, a court is being asked to decide which parent can better care for a child.
7. What Does “Best Interests” Mean for My Child?
A court is not making a moral judgment when conducting the best interest of the child analysis. The “best interests of the child” is a legal standard used in custody cases to determine what is best for the child’s physical, emotional, and mental well-being. The court’s decision is not meant to decide who is the better parent but instead who is better suited for primary custody, if a party is seeking primary custody of the child.
8. What is the Difference Between Legal and Physical Custody?
Under Pennsylvania State law (§5322), legal custody refers to the right to make important decisions for the child. Physical custody refers to spending time with the child.. In many cases, both parents can share physical and legal custody.
9. When Can My Child Choose Whom to Live With?
Until a child reaches adulthood, there is no set age when a child can decide which parent they want to live with. Instead, a child’s preference is always considered by a court when conducting the best interest of the child analysis. However, a court must consider the child’s wishes against whether the child is mature and competent.
10. Do Mothers Automatically Get Custody in PA?
No. A mother has no presumption in her favor that, because of her gender, she is better suited to care for the child. Both parents have equal standing to obtain custody of their child.
11. Is There a Bias Against Fathers in Custody Cases?
No. Popular culture has created the perception of a bias against fathers in custody matters. Under Pennsylvania law (5328(b)), a court must take a gender-neutral approach in a custody case.
12. Do Unmarried Mothers Need to File for Custody?
It depends. When the father’s paternity has not been established, an unwed mother has presumed custody rights as the mother is legally presumed to be a child’s biological parent. Pennsylvania law requires a father’s paternity to be established or admitted before they have standing to file for custody.
13. How Can I Prove the Other Parent is Unfit?
It is insufficient to claim the parent-child relationship is lacking between your child and the other parent. Instead, you must prove the other parent poses a danger to your child or cannot appropriately care for the child. Proving the other parent is unfit involves presenting evidence in court, such as witness testimony, medical records, or police reports documenting drug use or domestic violence.
14. How is Child Custody Enforced?
If one parent violates a custody order, the other parent can take legal action to enforce the order. Specifically, a parent can move to hold the other parent in contempt. Under Pennsylvania State law (§5323(g)), a court can impose jail time and order the other parent to pay fines and legal fees.
15. Can I or The Other Parent Dictate Who is Allowed to Be Around My Child?
In general, neither you nor the other parent has the inherent power to limit who can be around your child. However, according to Pennsylvania law (§5323(e)), a custody order can restrict who is permitted to be near your child. The court can impose this as a safety condition if it finds there is a risk of harm to the child from a person in the other parent’s household.
16. What is a Child Custody Schedule / Parenting Plan?
Pennsylvania child custody laws (§5331) requires you and the other parent to submit a written parenting plan to the court. A child custody schedule, also known as a parenting plan, outlines the details of the custody arrangement, including the custody schedule and how the parents will make major decisions. If you and the other parent cannot develop a joint plan, you must each submit separate plans for the court to consider.
17. If I Have Custody, Do I Get Child Support?
Child custody and child support are two separate issues which affect each other. If you are the custodial parent with sole custody or primary custody, you are entitled to seek child support. However, if you have joint physical custody, i.e., 50/50, you will have to pay child support if you are the higher-earning parent.
18. Do I Have the Right to Know Where My Child Is During Visits?
The answer is it depends. This can be included as a term in a child custody agreement. You can also seek to include this term in a court order.
19. Do I Keep Custody if I Move Out-of-State?
No. If you have primary custody and intend to move out of state, Pennsylvania law (§5337) requires you to give the other parent and the court 60 days of notice. This is called a Relocation and is governed by Pennsylvania Law. The court then conducts a hearing to decide if moving out of state serves the child’s best interests.
20. Can I Lose Custody from a History of Drug Use?
An established record of sobriety can reduce the chances of an unfavorable outcome. If you have a history of recent drug use, it can impact your child custody proceedings. If you lost custody due to drug use, you could move to modify the custody order if you undergo treatment and build a record of sobriety, as this qualifies as a significant change in circumstance.
Talk with an Experienced Philadelphia Child Custody Attorney
You do not have to go through a child custody battle alone. Contact the legal team of experienced Philadelphia child custody attorneys today to schedule your free initial consultation. We are here to help you protect your parental rights and achieve the best possible outcome and child custody agreements for your case.
Summary of Common Child Custody Questions
The child custody process is complex and stressful. It involves asking a court to decide which parent is better suited to care for a child. As the stakes are high, representation by an experienced family law attorney is essential.