The court will likely require the parties to a custody case to develop a written parenting plan. It may include a calendar indicating when the child has parental leave with the non-custodial parent and planning for vacations, vacations, etc. It can describe parental responsibility in terms of childcare, transport, health insurance, etc. If a child resides with a parent or guardian, the agreement is considered physical custody. Custody refers to whether a parent or guardian is responsible for making important decisions on behalf of children. These decisions may include a child`s medical treatment, education, religion, etc. Access information about divorce, custody, visitation and protection from abuse. The Pennsylvania Supreme Court`s Committee on Rules of Procedure for Domestic Relations recently introduced new provisions to deal with « conflicting » custody cases. This is largely a response to inefficiencies that place a burden on the courts and result in « the involvement of innocent children in parental conflicts. » A new process uses « parent coordinators » who mediate non-confrontational meetings that try to find consensual solutions. The judge will consider many questions when deciding where your children should live and who should make decisions about their upbringing, including the following: Custody is about where your children live. You and your children`s other parent can share custody or only one of you can get custody.
The legal term for partition is joint physical custody. If the children live with only one parent, this is called sole custody. If the children are transferred from the state by order or agreement of the court, several other laws of the state will be taken into account with respect to custody. Regardless of the situation, you should always be represented by a lawyer on duty who has a lot of experience in similar cases. If a parent or guardian is responsible for any form of custody, they are deemed to have sole custody. Custody may also be shared between the parties or they may assume a primary or partial custodial role. If a parent or guardian does not have physical custody, they usually give them a scheduled parenting time called a visitation. Whatever your situation, the law firms of sheryl R. Rentz, P.C., can help. Contact our office for a free and confidential consultation. Only when you learn what your specific rights are and what laws surround child custody in Pennsylvania can you begin to advance your legal claim in family court. Contact us today at (866) 290-9292.
The Family Department, or Domestic Relations as it is called, is responsible for all family law matters in Montgomery County. The Department of Family Relations is designed for divorce cases, child and spousal support, payment of temporary and permanent alimony, division of matrimonial property, child custody and even protection services for victims of domestic violence. The court`s website offers online payments for child support obligations. A: No. Under Pennsylvania law, the court or other institution cannot use a parent`s sexual orientation as a factor in determining custody of children. Resources and Takeaways: To examine the specific factors used by Pennsylvania family judges, read 23 Pa. Against. Stat. Ann.
Section 5328. If you work with an attorney, mediator, or both, ask for help in understanding how Pennsylvania law applies to your specific situation. And be sure to use all the support resources available from the Pennsylvania Family Law Court for Montgomery County. « She explained to me the whole custody process and what to expect. There were no surprises and the results were as she had predicted. – Mother in Montgomery County, PA A: No more. In recent years, conventional wisdom has dictated that a mother would better meet a child`s needs. Over time, this idea changed dramatically and today the courts no longer give preferential treatment to mothers. Instead, judges focus on the situation that would best serve the child. Depending on the case, additional documents may be required.
You may need documents such as childcare expenses or information about the other parent if it is custody or an application for child support. Once you have put your documents in order, you will attend your admission interview. The interviewer of the recording will answer all your questions about your case. From there, your case will either go to a hearing conference. If no solution can be found at a conference, it is likely that she will move to a hearing with a court officer appointed by the judge to make the decision. If you do not yet have legal representation at this time, you should consult a family law lawyer immediately. If you disagree with your hearing findings, you can file an objection with the hearing officer and appear before a judge. Getting a custody order from a Pennsylvania court can save you a lifetime of uncertainty about your children`s education. The only way to do this is to file a successful complaint in the family court of your home state. In most custody cases, the parent concerned is granted custody or partial custody of the children. In rare cases, the state denies custody to parents if they are deemed unfit.
The court is likely to assess the criminal history between the parties in custody decisions. The same applies to other members of the household of a party who may come into contact with the child. Offences of a violent or sexual nature can influence the court`s decision, especially if they involve child victims. Those who can apply for custody include parents or « substitute » parents, who are called those in loco parentis of a child. In certain circumstances, grandparents may apply for some form of custody. The court may consider granting custody to parties who are willing and able to deal with it. Custodial parents are expected to create an environment where the child is safe and free from forms of violence. A: There are three different people who can apply for custody of a child depending on the circumstances: There are many reasons why you might decide to leave the area one day, but if you have a custody issue, you may need to get permission from the other parent and/or the court before you can do so. Under Pennsylvania law, if your planned move involves taking the children to a location where the other parent would not be able to reasonably pursue the ordered custody arrangements, you must provide notice of the proposed move at least 60 days before the scheduled date of the move. The other parent has 30 days to respond with an objection to the move, and if they object, the court will schedule a hearing to hear your reasons for the move. Divorce proceedings are always complicated when children are involved.
In Pennsylvania, the laws surrounding custody after divorce are complex. If you or someone you love has children and you are going through a divorce, finding an experienced divorce attorney from Montgomery County, Pennsylvania is highly recommended and can save you a lifetime of trouble. Ultimately, the court will make all decisions based on the « best interests » of your children. If a parent is found to be in violation of the court`s custody order, he or she must face the consequences imposed by a judge. Acts of contempt may include the complete prevention of visits, denial of visits due to non-payment of family allowances, and impaired communication between children and the other parent. To enforce the court order, the parent who does not break the rules must file an application and attend a hearing to show the judge (with evidence) how the other parent did not comply. In situations where neither parent is deemed fit to care for their children or is unable to do so for any reason, the court will consider the grandparents` guardianship or custody. For guardianship reasons, a parent may propose a guardian to the court, which may affect their final decision. When grandparents are willing and able to care for children, they can apply for legal and physical custody as long as they have a close relationship with their grandchildren and the children have been living with them for at least 12 months. For a case to be considered by the court, all parties involved must go through a short admission process.
This is essentially the presentation of your case. You will need the help of a lawyer when filing your papers. Depending on your case, the court will require a number of documents before your case can be formally filed with the court. You must attend a « registration date » where you must present a number of documents, including: Once a hearing is scheduled, all parties involved in the case must attend. Failure to appear in court may result in fines or imprisonment. Pennsylvania`s Rules of Civil Procedure allow courts to intervene when a child is subjected to any form of abuse. Custody orders are subject to enforcement by local authorities. If a parent or guardian does not comply with the terms of a custody decision, they may face contempt actions and impose the following penalties: An application may be filed to make other types of changes to a custody order, which is generally only granted if you can prove that circumstances have changed materially […].