Child Custody Rights: Legal Considerations for Parents Going Through Divorce

 

Divorce is never easy, especially when children are involved. As a parent in Pennsylvania, whether you are in Delaware County, Chester County, or Lancaster County, you might find yourself facing the significant challenge of determining child custody rights. It is a path filled with legal complexities and emotional turbulence, but knowing your rights and responsibilities can make all the difference.

Understanding Child Custody Laws in Pennsylvania

Pennsylvania law recognizes two types of custody: physical and legal. Physical custody dictates where your children live, and legal custody refers to the right to make decisions about their upbringing. The courts aim for an arrangement that serves the best interests of the child, considering factors such as parental duties, stable environments, sibling relationships, and even the child's preferences.

If you are navigating these waters, consulting with top child custody lawyers can be invaluable. They have the expertise to advocate for your parental rights while striving for an outcome that benefits your children.

Navigating Custody Rights

Custodial time, also known as parenting time, is an important part of a parent’s custodial rights. Even if you are not granted primary physical custody, you have a right to spend time with your children. The courts typically encourage frequent and continuing contact with both parents. However, if there is a concern for the child's well-being, supervised visits or other restrictions may be put in place.

The Role of a Pennsylvania Divorce Lawyer

A Pennsylvania divorce lawyer is more than just a legal advisor; he/she is your strategic partner in ensuring that your voice is heard in the courtroom. With their understanding of local laws and court precedents, attorneys can guide you through complex legal procedures and help you present a compelling case for your preferred custody arrangement.

Dealing with Child Support

Child support is another critical aspect of divorce that can impact your financial future. In Pennsylvania, both parents are obligated to support their children financially. A child support lawyer can help ensure that the amount set by the court is fair and takes into account both parents' incomes, childcare expenses, and other relevant factors.

Creating a Co-Parenting Plan

A co-parenting plan is a detailed agreement that outlines how you and your ex-spouse will raise your children post-divorce. This includes schedules, healthcare decisions, education, and how you will handle disputes. Crafting a solid co-parenting plan with the help of legal professionals can provide stability and consistency for your children as they adjust to the new family dynamics.

You are Not Alone

As you face the complexities of child custody rights, remember that you are not alone. Seek-out the support of top child custody lawyers, consult with a knowledgeable Pennsylvania divorce lawyer, and consider the expertise of a child support lawyer to navigate this challenging time. Your focus on the well-being of your children and your rights as a parent will pave the way for a brighter future for your family.

This blog was originally posted on https://pa4law.com/child-custody-rights-legal-considerations-for-parents-going-through-divorce/

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Common Types of Divorce in PA

 

 

Circumstances surrounding divorce vary widely from couple to couple. Figuring out how to handle property division, child custody, child and spousal support, and alimony can make divorce complex and contentious. If you are considering dissolving your marriage, it is vital to ensure that your interests are protected. There are several different types of divorce in PA. Learning more about them and speaking to one of the best divorce lawyers you can find can help you understand your options and protect your rights.

Filing for Divorce in Pennsylvania

To get divorced in Pennsylvania, you or your spouse must have lived in the Commonwealth for at least six months. A divorce complaint is filed in the Court of Common Pleas in the county where you and your spouse reside. Although it is possible to file for divorce on your own, seeking the counsel of an experienced Pennsylvania divorce lawyer can make the process run more smoothly and safeguard your interests, property, and the welfare of your children.

No-Fault Divorce

The most common type of divorce in PA is no-fault divorce by mutual consent. This is a process in which both spouses consent to a divorce, and it can be finalized in as few as 90 days. Even if one spouse does not consent to a no-fault divorce, it can be granted if there is an irretrievable breakdown of the marriage and spouses have lived separately for at least one year before filing for divorce.

In an uncontested divorce, both spouses usually work together to reach a settlement agreement that lays-out specifics about property distribution, child custody, child support, and alimony. Requirements for being granted a no-fault divorce in Pennsylvania include:

- An irretrievable breakdown of the marriage

- Both spouses agree to the divorce

- No unsettled financial issues between the spouses

Even if you and your spouse are on good terms, these types of issues can be tricky. Because Pennsylvania is an equitable distribution state, rather than community property state, assets and debts are not necessarily just split 50/50. Having an attorney by your side to assist you with the process can help to ensure all issues are properly addressed, and a fair agreement is reached.

Divorce on Fault Grounds

In a fault-based divorce, the spouse who files for divorce must show that the other spouse was responsible for wrongdoing that caused the breakdown of the marriage. People often file for fault divorce when one spouse refuses to agree to divorce. Grounds for fault divorce include:

- Adultery

- Abandonment for at least one year

- Cruel and barbarous treatment, including domestic violence

- Bigamy

- Conviction of a crime and incarceration for two or more years

- Indignity or humiliation of the innocent spouse in a manner that makes the marriage intolerable

Institutionalization

If a person’s spouse has been institutionalized for a mental illness for 18 months and there is no plan to discharge them for at least 18 more months, the plaintiff may file for and be granted a divorce.

If you are considering filing for divorce in Pennsylvania, a knowledgeable family law attorney can help you determine which type is best for your specific situation.

This blog was originally posted on https://www.pa4law.com/common-types-of-divorce-in-pa/

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Questions to Ask When Looking for a Divorce Attorney

Finding a divorce attorney who is right for you can be daunting. Ending a marriage can be emotionally and financially draining as it is, so it is important to hire an attorney who has your best interests in mind.  Arming yourself with knowledge before you begin your search can help you feel more confident about your decisions and help you understand the divorce process. Asking some questions can also prepare you for what lies ahead and help you find a divorce lawyer who meets your needs and meshes with your communication style. 

Do you know that the Perna & Abracht legal team is always available to answer your divorce questions here, without any obligation?

Experience & Qualifications

There are a few questions to ask that can give you an idea of whether or not a lawyer is experienced in handling divorce cases, including:

• How long have you been practicing family law? 

• Is divorce your specialty?

• How many divorce cases have you handled? How many were settled out of court?

• Are you familiar with local family court judges, lawyers, and other officers of the court?

• Do you have experience handling cases that involve child support, alimony, business valuation, and significant assets? (This question will depend on your specific circumstances)

• Are you skilled in alternative dispute resolution such as mediation or collaborative divorce?

• How many of those cases were you able to settle out of court?

Strategy

• Do you think it is better to mediate and negotiate than go to trial?

• Will you ask my opinion before planning a strategy?

• What is your strategy for my case?

• Will I be able to negotiate directly with my spouse?

• How long do you think it will take to resolve my case?

• Based on the circumstances, what do you think the best possible outcome could be for my case? The worst?

Availability

• Will you or another attorney handle my case? If someone else is handling it, what is their experience?

• Can I meet others from the firm who will be involved in my case?

• Will you be readily available via phone, email, or text? 

• What is the best way to contact you if I need help with an urgent matter? What do you consider an emergency?

• Will I be kept informed of all developments in my case?

Legal and Tax Implications

• How are marital assets divided in my state? 

• Am I entitled to spousal support or alimony or will I have to pay?

• How do you ensure you are getting accurate financial information from my spouse?

• What are the tax implications of my financial decisions surrounding the divorce?

Custody & Child Support 

• How are child custody and support determined in my state?

• What are your recommendations for custody and child support based on my circumstances? 

• How can I increase my chances of gaining custody? 

• Will I have to pay child support or will I be entitled to child support? 

Fees & Costs

• Do you charge an hourly rate or a fixed fee?

• If hourly, what is your rate? 

• How much do you require for a retainer?

• What are the rates for the services of paralegals and other professionals in your office?

• Will I be charged for phone calls?

• Do you anticipate additional costs such as hiring a private investigator or other professionals? 

• What can I do to help keep costs down?

Find an Attorney Who Always Puts Your Interests First

Asking these questions can help you get a feel for an attorney’s style and whether they will be a good fit with your personality. Do not hesitate to ask any additional questions you may have as well. Talking with a skilled, compassionate Pennsylvania divorce lawyer can help put your mind at ease and make the process less stressful.

This blog was originally posted on https://www.pa4law.com/questions-to-ask-when-looking-for-a-divorce-attorney/

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