David K. Lucas & Associates
PLLC
CHILD CUSTODY
Child Custody in PA
In Pennsylvania, child custody is governed by Title 23, Section 5321, of the Pennsylvania Consolidated Statutes.
Pennsylvania does not have any presumption as to who should have custody. Instead, the Courts of Pennsylvania are obligated to consider eleven different factors in deciding what would be in the best interest of the minor child. (See our custody factors list below).
Actions you can Take
Typically, there are actions you can take to increase the likelihood of obtaining or retaining primary physical custody of your child. To learn more, you need to speak with the experienced attorneys at David K. Lucas & Associates today!
Call us at 724-836-3300, or use our easy-to-complete contact form today.
Custody Decisions in PA are based on:
-
Which party is more likely to ensure the safety of the child.
-
The present and past abuse committed by a party or member of the party's household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
-
The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
-
Violent or assaultive behavior committed by a party.
-
The level of cooperation and conflict between the parties, including:
-
( i ) which party is more likely to encourage and permit frequent and continuing contact between the child and the other party or parties if contact is consistent with the safety needs of the child; and
-
( ii ) the attempts by a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party's good faith and reasonable effort to protect the safety of a child or self shall not be considered evidence of unwillingness or inability to cooperate with the other party. A party's reasonable concerns for the safety of the child and the party's reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child's deficient or negative relationship with a party shall not be presumed to be caused by the other party.
-
-
-
A willingness and ability of a party to prioritize the needs of the child by providing appropriate care, stability and continuity for the child, considering the parental duties performed by the party on behalf of the child in the past and whether the party is willing and able to perform the duties in the future, and attend to the daily physical, emotional, developmental, educational and special needs of the child.
-
The need for stability and continuity in the child's education, family life and community life, except if changes are necessary to protect the safety of the child or a party.
-
The child's sibling and other familial relationships.
-
The well-reasoned preference of the child, based on the child's developmental stage, maturity and judgment.
-
The proximity of the residences of the parties.
-
Each party's employment schedule and availability to care for the child or ability to make appropriate child-care arrangements.
-
The history of drug or alcohol abuse of a party or member of a party's household.
-
The mental and physical condition of a party or member of a party's household.
-
Any other relevant factor.
Given that each case is different and that the factors listed above will be applied differently in each case, it is very important to discuss these factors with a qualified Attorney.
If you are interested in scheduling an appointment to discuss custody, please contact our office at 724-836-3300 or complete our easy-to-use contact form today.
TESTIMONIALS
What Our Clients Say
"David and his team provided exceptional guidance during one of the most difficult times in my life. Their clear explanations and calm approach made all the difference."
Sarah M.
Family Law Client
"Professional, efficient, and transparent. They helped us set up our wills and trusts with such ease. Highly recommend for anyone in Westmoreland County."
Robert K.
Estate Planning Client
"After my father passed, I was overwhelmed. The firm handled the probate process with dignity and speed, taking a huge weight off my shoulders."
Michelle L.
Probate Client