Parents who divorce or separate generally have two options when addressing custody matters. They can cooperate with one another and set their own terms, or they can litigate in family court. Parents who don’t agree on custody terms can request a hearing, present evidence and ask a judge to establish a custody order for them.
In those circumstances, the courts must follow state statutes. There is an obligation imposed on the judge to make decisions that are in the best interests of the children in the family. Understanding the implications of that requirement can help parents more effectively address their disagreements about custody.
What determines a child’s best interest?
The law in Pennsylvania requires that judges consider several factors when making decisions about custody matters. Many details influence what a judge decides is in a child’s best interests.
The current circumstances of each parent and also the history of their relationship with the children are key factors for a judge to review. They may consider the preferences of older children and even the willingness of the parents to work with one another.
Records of specific family circumstances can help parents provide a judge with insight into family circumstances. Parents have to present their perspective carefully or risk an unsatisfactory custody arrangement.
Predicting a contested custody outcome is difficult
Even when parents feel like they have compelling evidence regarding the circumstances of the other parents or the behavior they have displayed, it can be difficult to predict how a judge might view the situation. Judges might interpret a request for sole custody as a sign that one parent may put their feelings ahead of what is best for the children without compelling evidence.
As such, parents sometimes feel deeply dissatisfied with the outcome of litigated custody proceedings. Those who believe they showed that the other parent is unstable and unsafe may feel anxious when a judge decides that they should share parenting time and legal authority. Those accused of misconduct may believe that they disproved the accusations against them, only to find themselves relegated to visitation or weekend overnights only.
In many cases, the best option for parents who want liberal amounts of time with their children and a say in their upbringing is to cooperate with one another. They may even need to consider alternative means of resolving their disagreements to remain in control of custody matters.
Reviewing family circumstances with a skilled legal team can help people determine whether going to family court to settle child custody matters is a viable option. Parents hoping to secure sole custody or seek a majority of parenting time may need help building a case that focuses on the children’s best interests, and that’s okay.