Lancaster Child Custody Lawyer

When you are in the midst of divorce, doing what is right for your child is not always easy. Custody decisions require two people who cannot come to terms with their marriage to come to an agreement on what is best for their child. The process can be overwhelming, leaving you feeling frazzled.

At the Law Office of Stephen W. Grosh, we know that any decisions in relation to your child can pose a challenge. If you are in the process of determining custody arrangements, we are here to make you aware of your parental rights.

Physical Custody

When two people separate, having access to their child can become difficult. In most cases, the court will often order shared physical custody. When both parents share physical custody, each parent will have significant periods of time with their child.

However, if the other parent is unwilling or unfit to parent, then the court may grant only one parent physical custody (known as “sole custody”).

Legal Custody

A parent who is awarded legal custody has the right to make major decisions on behalf of his or her child. Legal custody may pertain to the child’s education, medical care, religious observations, recreational activities, vacations, and transportation.

Shared legal custody can further complicate matters. With both parents making important decisions on behalf of their child, it can be confusing for the child if either parent disagrees with the decisions made by the other.

Shared legal custody can involve any of the following arrangements:

• Both parents discussing issues and making decisions together;
• Both parents making large decisions jointly, with the parent who has physical custody making smaller decisions; or
• Each parent having a designated certain part of the child’s life to which they are granted decision-making power.

No matter the arrangement, it is important that both guardians can come to an agreement on how to handle matters.

How is Custody Determined in Pennsylvania?

If the parents cannot come to an agreement, one parent may choose to file a custody action. A Family Court judge may order both parents and the child to attend counseling sessions to discuss what is best for the child. If an agreement is still not reached, a custody hearing will be scheduled. At a custody hearing, both parents will present evidence, and witnesses will testify on their behalf. A judge will take all this information into account when making a final decision.

Best Interests of the Child Standard

Custody orders are based upon what arrangements would best fit the needs of the child. This is not always straightforward and requires the court to examine several factors, including:

• Which party the child is safest with
• If there is a past or present history of abuse
• Which party is most likely to provide stability in the child’s education, family life, and community life
• The child’s relationships with his or her siblings
• The child’s preference regarding custody, based on his or her age and maturity level
• If either parent has ever attempted to turn the child against the other parent
• Which parent is most likely to maintain a loving and nurturing relationship with the child
• The ability of each parent to cooperate with one another;
• If either party has a history of alcohol or drugs
• If either party has a mental or physical condition that would impede their ability to take care of the child.

Can a Child Refuse Visitation in Pennsylvania?

While Pennsylvania courts do listen to the child’s wishes, this will not be the determining factor in your case. Your child cannot refuse to follow a custody order or visitation until he or she turns 18. By the same token, both parents must follow court-ordered visitation. A parent who violates a custody order will be found in contempt.

How Can a Child Custody Lawyer Help Me?

You know your family best and your child’s needs. A child custody lawyer will help you gather the necessary evidence to demonstrate to the court what arrangements best suit your child. Court hearings can be both time-consuming and financially draining. A child custody lawyer will be able to file the necessary motions to get your case resolved efficiently.

Consult with our Lancaster Child Custody Lawyer Today

The process of determining child custody can be emotionally taxing. You need experienced representation to explain and guide you through the entire process, step by step. If you are ready to advocate for your child’s welfare, our office is ready to help. To schedule a consultation with our Lancaster child custody lawyer, contact us online or by phone.