Schwartz, Fox & Saltzman, LLC. – Philadelphia Divorce Lawyers
Child custody in Pennsylvania can be as creative as the parties need it to be. After a divorce, there is a perception that one party will have primary custody while the other can expect every other weekend visits. This is true is some cases, but there are many other possible arrangements, including an equal or a shared custody arrangement.
We help clients to find creative child custody solutions that make sense for everyone involved and serve the best interests of the children.
If you want to craft a flexible arrangement, consider sitting down with us as your family lawyer. We will apply our wide breadth of experience in child custody matters to help reach a solution that works best for you. Call 215-967-9070, or contact our office online to discuss your concerns.
There are two types of child custody in PA: legal custody and physical custody.
Legal custody of the child is shared by the parents in most cases. This means the parents will consult with each other regarding significant decisions for the child in areas such as health, education, and religion.
Physical custody of the child lies with the parent who is in possession of the child, called the “custodial parent.” The custodial parent makes all of the day-to-day decisions for the child.
In the absence of any problems such as domestic abuse, neglect, substance abuse, or mental health problems, parents usually have joint legal custody of their children. One parent may have primary physical custody, meaning the child lives with that parent most of the time, in which case the other parent will have partial physical custody.
In Pennsylvania, supervised physical custody, formerly called “visitation,” is when the parent without custody (the “non-custodial parent”) visits with the child periodically. The child is in the possession and physical control of the other parent or a designated third party. Supervised physical custody is rarer than joint physical custody.
A custody order is a court order establishing the type of custodial arrangement the family has and what schedule they will follow. The custody schedule will cover all aspects of the child custody and parenting arrangement, including weekly visits, vacation and holiday time, and transportation issues, among others.
Our child custody attorneys regularly help negotiate these agreements through mediation or in court, as part of a divorce settlement, separation agreement, or when the parents were never married.
The court uses a “best interests of the child” analysis to determine a child custody arrangement, and will consider the following factors among others:
Our goal is to ensure that the custody arrangement serves the best interests of the children, which generally means that both parents are involved meaningfully in the child’s life, however that can be arranged.
We have helped many parents modify the child custody order when physical custody, supervised physical custody , or other aspects of parenting time are affected by a major life change such as having to relocate for work, being deployed overseas, or having their work schedule changed. Again, a family law judge will determine whether the change you propose is in the best interests of the child.
You can be found in contempt of court for failing to comply with a child custody order. It is crucial that you talk to a child custody lawyer if the current child custody arrangement no longer works for you or your child.
In 2016 I had been sued in court for custody of my daughter. Not being prepared with an informative lawyer I went to my court date and left with only one day a week with my daughter. I was devastated, being in a low place in life, fighting my way uphill from a nasty break up and recovering from an addiction. I knew that I did not want to live with the court order that was just granted only seeing my daughter only once a week. During this time I continued to rebuild my life which included getting my own apartment with a separate bedroom for my daughter, and researching the internet for an attorney I could actually afford. I went to a few interviews but when I went to the interview with Lee Schwartz I knew that he was the best option for me. From the beginning he told me honestly what to expect from best outcome to worst outcome and he worked with me from the beginning to the end. He would check in on me throughout the process asking me if I had any updates and never forgetting to ask me how I was doing and how my daughter was doing every time. He gave me direction on what my next move was in the road to the hearing day. The first time we went to court I wanted to aim to get 50/50 custody and I would not take no for an answer. Lee knew how I felt about it and we went for it. The outcome was everything I expected. I was at about 40% physical custody right from my one day a week custody arrangement. This was in Jan 2017. I was happy but I knew I wasn’t finished. I filed for custody again about 6 months later and it took about a year to actually get to the hearing. For this trial, I had lots and lots of written evidence that included a 20 page diary and 500 pages of text messages. I felt bad that he had to go through all of that but I knew it was for our case. Lee went through all of my pages of drama and he narrowed it down to the most important factors, summarized it for me, and even wrote for me my own testimonial to study from to get me ready for the hearing. Believe me I was ready! We went in that day shooting for primary custody. I knew Lee was great in court but in this trial he was amazing. Everything went better than planned. It seemed so easy for Lee to organize and have all information ready in his head with reference to evidence in text and emails on the desk, to come out in defense for me all at the right times! I was seriously impressed. When we left that hearing, I was granted with Sole Legal and Primary Physical custody of my daughter! So I went from minimal custody to basically full custody of my daughter in 2 and a half years. Lee Schwartz is really an amazing lawyer and his actions really impressed me. Another plus is that he offered to stay in the waiting area during the break if I was uncomfortable to be alone in the same room as my daughter’s father. I would say if you happen to need a lawyer and you want to be sure that he will go the extra mile for you, call Lee Schwartz. He is my one and only family law attorney.
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In addition to helping parents establish custody and visitation arrangements initially through a temporary child custody order while they divorce, we frequently serve clients who need an emergency child custody order and clients who seek modification of a custody order.
For more information or to discuss your child custody case, give us a call today!
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Unfortunately, the answer is “it depends.” Due to the legally complex and emotionally charged nature of a custody case, representation by an experienced Philadelphia child
