Many faltering marriages and domestic relationships remain intact for years because there are children involved. For most people, there is nothing more important than the time that they spend with their children. If you are facing divorce or custody concerns in Harrisburg, York, or Camp Hill, Pennsylvania, trust our family law attorneys to provide compassionate and expert legal guidance.
Navigating child custody law can be a confusing and frustrating process. Make sure you are putting your child’s best interests into the hands of a lawyer you can have confidence in. Our Attorneys work directly with you to obtain a custody order or visitation rights that make sense and protect your parental interests. Contact Tanner Law Offices, LLC in Camp Hill to get the legal support you need in Harrisburg, York, and Central Pennsylvania.
How Do Judges Determine Custody?
It is incorrect to assume that the mother will automatically be given preferential consideration in custody disputes. That may have been true many years ago, but today the court’s primary focus is on what custody arrangement is in the best interest of the child.
The courts make custody determinations based on the following factors:
- The parents’ willingness to encourage frequent contact with the noncustodial parent
- Whether there is a history of abuse in the household or danger of possible future abuse
- Parents’ concerns about performing parental duties on behalf of the child
- The need for stability and continuity in the child’s education, family life, and community life
- Whether the parent will encourage contact with grandparents and extended family
- The child’s relationship with siblings or step-siblings
- A well-reasoned preference of the child, based on their maturity and judgment
- Whether one parent has tried to turn the child against the other parent
- Emotional and mental stability for the child
- Daily physical, emotional, developmental, educational, and special needs of the child
- The proximity of the residences of the parties
- Each parent’s availability to care for the child or ability to make appropriate child care arrangements
- The parents’ willingness and ability to cooperate and work through ongoing hostilities
- History of drug or alcohol abuse of a party or a member of a party’s household
- The mental and physical condition of a party or a member of a party’s household
- Any other relevant factor
Having a lawyer who understands the nuances of each county is a crucial aspect of protecting your rights.
New changes in Pennsylvania law were recently created to put the safety of your children first. Suppose either party or a household member of either party has been convicted of any enumerated offenses (dealing with crimes of violence, crimes of a sexual nature, DUIs, drug crimes, and so forth). In that case, that party can be ordered to undergo an evaluation to ensure that they do not pose a risk of harm to the children before an order is entered for the custody of the children.
New laws prevent either party from relocating with the children without the written consent of the other party or a court order granting the relocating party’s request to relocate with the children.
Questions About Child Custody
Custody matters are often the most worrisome and frustrating aspects of divorce and separation matters. At Tanner Law, our lawyers have been assisting individuals in custody disputes and modifications in Dauphin, Cumberland, and York Counties, Pennsylvania, for many years. We are frequently asked questions from parents (and grandparents) about how our state custody laws affect their parenting rights.
Below are a handful of the most frequently asked questions we hear every day.
Will the mother be given more rights in custody matters than the father?
That’s a common misconception. Under Pennsylvania law, mothers and fathers share equal rights and responsibilities regarding parenting. Either parent may seek sole custody, primary physical custody, or shared physical custody, and the courts will enter an Order that is in the child’s best interest, even if that means that the father has more physical time with the child than the mother.
Is custody permanent?
The courts recognize that life circumstances change for parents and that children grow up, necessitating adjustments in their circumstances. What may have been the right decision regarding physical custody in the past may not be the right decision for the child today. The legal system provides avenues for modifying custody orders and visitation rights.
Can grandparents or extended family members get custody?
Yes, under certain circumstances, grandparents and other extended relatives can be granted temporary or permanent legal or physical custody of the child.
Can a teenager request a change in custody to live with the other parent?
Until children are 18, they are minors and cannot assign themselves under the custody of the noncustodial parent.
Can my ex and I make an informal change to our visitation arrangement?
Yes. You do not need to have a court Order regarding custody. However, when there is a dispute about the custody schedule or a legal custody matter, without a court Order to refer to, it can cause significant stress for both parties and the minor child. Suppose the parties are in agreement as to the initial custody agreement or a modification to it. In that case, it is possible to enter into a formal “stipulation” that can then be entered as an Order without ever having to enter the courthouse. We recommend having an Order, either by stipulation or court involvement, to prevent problems in the future.
My new husband wants to adopt my child. Is that possible?
Yes. For a stepparent to adopt the child, the biological parent’s rights will need to be terminated. This can be done voluntarily by the biological parent executing the necessary documentation to terminate their parental rights to the child, or it can be done involuntarily through a Petition to the court to terminate the biological parent’s parental rights. Once the biological parent’s rights are terminated, and the 30-day appeal period has run, the stepparent may adopt the child.
Every Custody Matter is Unique
At Tanner Law, you will find us compassionate and knowledgeable about local courts and the custody process. Whenever possible, however, we help our clients reach an amicable resolution with the other parent, but we will fight aggressively to protect our clients’ rights when necessary. Feel confident about the child custody attorney you hire. Let us answer your questions. Call 717-731-8114 or contact us online for a consultation.