What to Do if You’re a Father Who Wants to Gain Custody of His Children

Fathers have just as much a right to obtain custody of their children as mothers do. However, many fathers face challenges when trying to gain full or partial custody of their children. Finding the best child custody lawyer and taking steps to show you are capable of caring for your children can help strengthen your arguments for gaining custody. These tips provide guidance about what to do if you are seeking custody of your children.

Stay Current with Child Support Payments

Although child support does not affect your right to obtain custody of your children, a judge may interpret failing to keep up with payments as a lack of interest in caring for your child. If you have been ordered to pay support, make sure to do so on time. If you and your co-parent have an informal child support arrangement, keep records and proof of payment.

Cultivate a Strong Relationship with Your Child

Regardless of your child’s age or how much parenting time you currently have, it is critical to build and maintain a solid relationship with your child. Communicating regularly, whether by phone, text, videoconference, or in person, shows your child you care about them and keeps you up-to-date on what’s going on in their life. Don’t forget to make time for fun activities and provide emotional support when they need it.  If you have family or close friends in the area, help your child cultivate their relationships with your loved ones as well.

Stay Involved and Attend Important Events

Showing a commitment to supporting the social, educational, and religious aspects of your child’s life can help you make a case for custody.  Parent-teacher meetings, doctor’s appointments, sporting events, school plays, playdates, and birthdays are just a few examples of important activities that can help strengthen your bond with your child and show you are involved in their life.

Keep Records

To demonstrate your involvement in your child’s life, it is a good idea to maintain records of the time you spend with them. Keep a calendar of your visitation schedule and parenting time, your parenting plan, and vacations. You should also document any events or meetings you attend that involve your child. Good child custody lawyers will advise you on exactly what to document and the best way to keep records of your involvement with your child.

Prepare a Space in Your Home for Your Child

All children need their own space where they can spend time relaxing and playing. The court will want to know about how your home is set-up and whether your child has a room of their own. Even if you live in a small apartment, creating a small space for your child to enjoy is essential.

Create a Plan for Your Child’s Needs

Staying on top of all aspects of your child’s care shows that you are dedicated to providing for them to the best of your ability. Write down your plans for their education, child care, after-school activities, and health care. Having a plan for continuing emotional and financial support shows a judge that you are willing to do whatever it takes to give your child a stable and happy life.

Be Respectful

Custody battles are often fraught with emotion and can be very contentious. However, it is vital to show respect to your co-parent and the court. Do not badmouth your co-parent in front of your children or in court proceedings. Judges definitely take your attitude into account when determining custody arrangements, so stay positive and polite.

If you and your co-parent cannot communicate in a civil manner, have your family law attorney handle communications during negotiations and proceedings. It is also important to remember that you and your co-parent share a lifelong commitment to your child, so it is best to make the effort to get along.

If you are a father who is interested in gaining custody of your children, our child custody lawyers offer a free consultation and are happy to answer any questions you may have.

This blog was originally posted on https://pa4law.com/what-to-do-if-youre-a-father-who-wants-to-gain-custody-of-his-children/

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What are the Different Types of Child Custody?

 

If you are facing divorce or are involved in a custody dispute, it is important to understand the basics of child custody in Pennsylvania and how the different types of custody work. Good divorce lawyers are well-versed in all aspects of child custody and can help you understand your rights. Educating yourself about which type of custody you wish to seek can help you make informed decisions that are in the best interest of your child.

What is Custody?

Under Pennsylvania law, custody is the “legal right to keep, control, guard, care for and preserve a child.” Although an informal custody arrangement may be made outside of court, it is always a good idea to obtain a legal order to ensure that it can be enforced if necessary. It is also important to note that regardless of whether you are the mother or father of a child, you have equal rights when it comes to seeking custody of your children.

Types of Child Custody:

There are two basic types of child custody: Physical Custody and Legal Custody.

Physical Custody refers to where the child lives and spends their time. It may be granted to just one parent or to both, and falls into five separate categories:

1. Primary physical custody: This refers to a situation where one parent has physical custody of the child a majority of the time, and the other parent has custody or visitation rights the rest of the time.

2. Partial custody refers to the parent who has the child less than 50% of the time. For instance, if the child only spends time with one parent every other weekend, that parent typically has partial custody. This type of custody may be unsupervised or supervised by an agency, parent, or another adult, depending on the circumstances.

3. Shared physical custody is when both parents have equal (or close to equal) time with their children. For example, a child may live with each parent on alternating weeks or certain consecutive days of the week.

4. Visitation gives a parent the right to visit their child, but does not include the right to remove the child from a custodial parent’s control. Typically, visitation involves small periods of custody, such as just a few hours and may be supervised or unsupervised.

5. Sole physical custody refers to a situation where one parent has physical custody of the children all the time, as when the other parent is unable or unwilling to care for the child. However, parents who do not have any physical custody still may be entitled to legal custody, supervised partial custody or visitation.

Legal Custody gives a parent or guardian the right to make important decisions on behalf of the child, such as decisions regarding education, medical care, and religion. Ideally, when parents share legal custody, they agree on and make these decisions together. If one parent is unable or unwilling to make such decisions, the other parent could be granted sole legal custody. It is possible for a parent to have legal custody but no or very little physical custody.

How Custody is Determined

There are many different factors the court may consider when awarding custody. The main objective is to create an arrangement that is in the best interest of the child. If you are fighting for custody, child support or wish to modify an existing custody order, a family custody attorney can help to ensure your rights are protected and your child’s best interests stay in the forefront.

This blog was originally posted on https://www.pa4law.com/what-are-the-different-types-of-child-custody/

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What Factors The Court May Consider When Awarding Physical Custody

 

When parents are unable to come to an agreement about custody arrangements, the court must step in and make a decision in the best interests of the child. Although it is always a good idea to have a child custody attorney represent you, understanding the factors a judge may take into account when making a decision can help you prepare for how a custody arrangement may affect you and your children.

Common Factors Considered by the Court

Like most states, Pennsylvania courts decide custody issues by determining what is in the best interest of the child, and family law judges are given wide discretion in these types of cases. In Pennsylvania, there are 16 specific factors that a judge must consider, but some of the more-general relevant factors include:

Each parent’s living situation. The judge will look at where the child is currently living and going to school. For example, if two parents are going through a divorce and their child is thriving in a current stable environment, the court probably would not be inclined to drastically change the child’s living arrangements. The proximity in which parents live is also taken into consideration. If the parents live near each other, the court may order joint custody so both parents are able to spend significant amounts of time with the child. They will also consider whether each parent has taken measures to provide space for the child and is able to meet the child’s needs.

Each parent’s relationship with the child. One of the ultimate goals when deciding physical custody is to keep relationships intact. Some questions a judge will consider include:

- Which parent is more inclined to encourage and allow frequent and ongoing contact between the child and the other parent?

- Which parent has been primarily responsible for caregiving and has spent more time with the child?

- Which parent is more likely to be attentive to the child's physical, emotional, developmental, educational and special needs and maintain a nurturing, loving relationship with the child?

The court may also consider a child’s relationships with siblings, grandparents and other extended family members.

Parent availability. The court will consider each parent’s work schedule and ability to provide child care. In addition, the court takes into consideration the physical and mental health of both parents.

History of domestic abuse, neglect and drug or alcohol problems. A judge will take into consideration whether abuse or neglect has been perpetrated against the child, addiction issues, and the criminal history of both parents.

The child’s preference. If a child is mature enough, his or her custody preferences may be considered.

Is Gender a Factor when Considering Physical Custody?

No. In Pennsylvania, child custody determinations are required to be gender neutral. This means that regardless of whether it is a mother or father seeking physical custody, neither may receive preference based upon gender. In addition, child support typically does not affect a parent’s ability to obtain physical custody.

If you need assistance with matters surrounding custody or divorce, contact a child custody lawyer in Pennsylvania today.

This blog was originally posted on https://www.pa4law.com/what-factors-the-court-may-consider-when-awarding-physical-custody/

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Steps to Take If You Find Yourself in the Middle of A Custody Battle

Being involved in a child custody battle can be emotionally and financially draining. When things get heated, it is easy to lose sight of your objectives. Our custody attorneys advise clients on what to do and what not to do amidst a custody dispute. These tips can help you deal with tense situations and increase your chances of gaining custody while keeping your children’s best interests at the forefront. 

Note, if you are located in Southeastern PA or Northern Delaware, and looking for legal help with your custody issues, you can contact the law firm of Perna & Abracht here.

Hire A Child Custody Lawyer

In a contentious custody battle, it is not a good idea to go it alone. Family law in Pennsylvania is complex, and the best divorce lawyers are also skilled at dealing with child custody issues and matters, including child support. An attorney can evaluate your case, help you form a strategy, and guide you through the process every step of the way. Having a skilled lawyer in your corner can help to ensure that your rights and your children’s well-being are protected. 

Be Objective

There is no doubt that emotions run high when it comes to issues involving children. Try not to get wrapped-up in the drama of the situation – practicing compassion and putting yourself in the other parent’s shoes can go a long way in resolving custody issues. It is also important to ask yourself what your motivations are. Are you doing what is best for your children? Sometimes the answers to these questions can be hard to swallow, but can also make things easier and more pleasant for everyone in the long run. Because your attorney is not emotionally attached to the situation, he or she can provide an objective perspective that may help you see things in a different light. 

Gather Evidence and Documentation

It is vital to have evidence that supports your case. This can be anything from keeping a record of your co-parent’s involvement in school or other activities, their interactions with you and your children, and even witness testimony. The more you know about your children, the better. Make sure you are up on what is going on in their lives, whether it is knowing the names of their teachers, the subjects they like studying, any hobbies or sports they enjoy, or more serious matters such as their medical needs. Do not attempt to stretch the truth or fabricate evidence in your favor. Honesty is always the best policy, even if you fear that a custody agreement will not turn out exactly as you wish. 

Try Alternative Dispute Resolution First

Settling a custody dispute out of court can help save you time, money, and aggravation. Not only that, it is better for your children as well. Even if you are angry with your co-parent, being flexible can help you come to a reasonable agreement in a more timely manner. If you and your co-parent have a hard time with civil communication, your attorney can handle negotiations and act as your advocate.  

Present a Positive Image

When you’re going through a child custody battle, your image and behavior are under a microscope. Your role as a parent and attentiveness to your children will be scrutinized, so it is important to conduct yourself with dignity. Do not badmouth your co-parent to your children or anyone else. It can have a negative impact on your kids, and you never know when your words may come back to bite you. Avoid using social media if you can. Do not post anything about your divorce or custody case. It is also important to refrain from posting pictures that show you consuming alcohol or drugs. Even an innocent photo of you enjoying a glass of wine after work can be misrepresented as a problem. 

Whether you are in mediation or a courtroom, always dress conservatively, be polite, and be on time. These seemingly-little things can make a significant impression on judges, social workers, and others who may be involved in your case. 

Even in the best of circumstances, issues surrounding child custody can arise. A child custody lawyer in Pennsylvania can assist you with your case, improve your chances of a successful resolution, and take some of the burden off your shoulders during challenging times. 

This blog was originally posted on https://www.pa4law.com/steps-to-take-if-you-find-yourself-in-the-middle-of-a-custody-battle/

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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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When And How To Terminate Child Support? Everything You Need To Know

It is not unusual for divorced couples to struggle with obligations such as child support and visitation schedules. It is also tempting to link these obligations in your mind. For instance, if one ex-spouse withholds or alters child custody, the other ex-spouse may retaliate by delaying child support payments – or vice versa. This is a mistake, according to the best child support lawyers, because the court views these obligations separately.

A parent’s obligation to pay child support continues no matter what the relationship between parents or between parent and child. Do not stop paying child support even if the child is not available for your scheduled custodial time, as the consequences for you are often dire.

What should you do if your ex-spouse is not following the court-ordered custody schedule? You may take this matter directly to the court, but it is advisable to first take the matter to your family custody attorney to learn about your options. It is always best to explore all of your options for resolving the matter before taking the court’s time and attention and incurring more legal fees than necessary.

If custody is strained due to changing needs as the child grows up, it may be worth a discussion of the custody schedule with the ex-spouse. Every schedule is based on the individual needs of the child and family, and good divorce lawyers can help you formulate a custody schedule and get agreement to it from the other parent. Different custody schedules include:

●    Alternating weeks of custody;

●    Overnight visits every other weekend;

●    One weeknight visit per week;

●    One- to six-week visits during school breaks and summer;

●    Special holiday and birthday custody schedules; and

●    Any other reasonable schedule that works for the parents and children.

A delay in child support might be due to a parent being laid-off from a job. If there is a legitimate change in circumstances, you may seek a formal modification of child support. This petition can be taken to the court that issued your child support order. Discuss this with your attorney rather than simply stopping the child support payments. The consequences of nonpayment are serious and can include losing your driver’s license or even serving jail time.

Child Emancipation

An older child may request emancipation from a non-custodial parent. The court will consider the age and maturity of the child before granting emancipation. The age of 16 may be considered appropriate, but this will vary by state and by court. The court will ask the child to express his or her reasons for requesting emancipation and may also consider whether the child has had a job or is a good student.

Other reasons for emancipation might include marriage to an older spouse, military service, abandonment of the parental home, and economic independence of the child (the child is an entertainment or sports celebrity for example).

It seems as though emancipation for any reason would end the parent’s child support obligation, but the court must formally relieve the parent of this obligation. Courts are reluctant to terminate child support obligations due to concerns that the state later may need to support the child financially.

Graduation from High School or Becoming an Adult

A parent paying child support is usually not obligated to continue to pay support once the child graduates high school or becomes an adult in the eyes of the state, but the parent should get the support obligation formally terminated by the court rather than just stopping payments.

If you are struggling with terms of custody and/or child support agreements, be sure to sit down with an experienced attorney from Perna & Abracht LLC before you take any further action.

This blog was originally posted on https://www.pa4law.com/when-and-how-to-terminate-child-support-everything-you-need-to-know/

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When Is The Best Time To Start A Will?

The short answer is “now.” A Will is an important document that every person of age 18 and older should have in place. Many people are under the impression that only wealthy individuals need a Will, or that a Will is something you should think about later in life. Any attorney for Will preparation will tell you that in this time of COVID-19 pandemic, it is more important than ever to make sure you have a Will in place.

Below we will answer some of the most frequently asked questions about Wills.

What is it?

A Will is a legal document that expresses your wishes after you have passed away. Specifically, a Will tells your executor (the person you have named to carry out the Will) how you wish to distribute any money, bank accounts, investments, real estate and other financial assets.

The key here is that you follow important guidelines so your Will is considered a legal document, according to local estate lawyers.  If you do not do so, your Will can be declared legally invalid, and your wishes will not be followed. Consult with an Estate Lawyer to:

Write it down. A Will that is only spoken (called an Oral Will) is not legally recognized.

•    State who you are: full name and address so you are clearly identified.

•    Name your executor. This is a person you entrust with fulfilling your wishes. It may be a close relative or friend, or it may be a lawyer or other professional that you trust.

•  Provide clear instructions about who will receive your assets. Do not assume your assets will “automatically” go to your spouse or children.

•    Name guardians for your underage children and pets (if you have any).

Why do I need it?

A person who dies without a Will is considered “intestate.” That person’s money, bank accounts, and investments are frozen and real estate cannot be sold until a state court decides who will receive the assets. Most states have guidelines for the court in terms of distributing assets to surviving relatives. However, this court process takes time, and your surviving dependents might need the assets quickly. Think about your children who may be depending on court-ordered child support; they will receive the money you have left to them much more quickly if they are named as heirs in your Will.

In addition, the state’s guidelines for the court may be entirely different from the way you wish the assets to be distributed. Perhaps you would like to leave your boat to your best friend Jim who went fishing with you, or maybe you would like to leave money to your church or school. They will be entirely “cut out” by the state. If you were injured in an accident and want that settlement to go to your children rather than your spouse, the state may look upon the disbursement very differently than you do.

Who can help me?

Once you have gathered information about your heirs and all your financial accounts, it is important to schedule a consultation with an experienced attorney. At this point, your lawyer will direct you as to additional information you may need to gather or next steps to finalize the Will.

This blog was originally posted on https://www.pa4law.com/when-is-the-best-time-to-start-a-will/

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The Importance Of Your Estate Plan During A Pandemic

The COVID-19 pandemic seems to be changing everything, including one’s priorities. With tens of thousands of Americans already dead from the disease, one priority that should move up for many individuals is estate planning. Top estate planning law firms say it is important to have your affairs in order if the worst happens, and it is also important to know that several elements of an estate plan will help should you become ill.

Here are the parts of your plan that will help in the event you become sick with COVID-19:

Health Care Power of Attorney (POA).

Sometimes this is called a “Living Will” or “Health Care Directive.” This document names one or more persons to make health care decisions on your behalf if you should become incapacitated. Be sure to think carefully about who you will appoint.

Often, the spouse is selected to be the decision maker in a Health Care POA. This seems only natural, but you should think about what would happen if both you and your spouse become ill due to COVID-19 – and there is fair probability this could happen.

Another potential problem with naming your spouse is there is always the possibility of divorce. If you do not keep your documents up-to-date, your ex-spouse could be named as your health care POA. Any divorce lawyer will note there are several downsides to this!

You might select an adult child as co-agent. This also seems natural, but if your child does not live nearby, it could present a problem in an emergency. The Wills lawyers recommend that you  choose someone who could appear at your nearest hospital without much delay. In light of the pandemic, you should consider whether your agent is in a high-risk group for COVID-19 morbidity: age 60 or older or a person of any age with diabetes, heart disease, respiratory disease, or any chronic medical condition.

Whomever you select, naming more than one agent is advisable at a time like this when travel is restricted and more people are likely to be sick at the same time.

Financial Power of Attorney (POA) or attorney-in-fact. This is an agent who will make financial decisions for you in the event you are too sick to do so yourself. If you do not name a financial POA, your bills (including court-ordered child support) may not get paid and other important decisions will not be made until a court can name an agent for you. Costs and complications can escalate if several people think they should be named and others should be excluded.

It is best to select this person or persons yourself. In this time of uncertainty, it makes sense to choose two agents. This allows them to talk over any tough decisions, and it minimizes the possibility your funds would be misspent. However all the same considerations apply as with the health care POA: your spouse might become ill at the same time you do, and other individuals may not be the best choice if they are in the COVID-19 high risk category.

You might think of this as your financial welfare team who may be needed in the short-term to manage your affairs and make decisions until you recover. It is possible to become incapacitated for the long term, and then your affairs will require a different type of management. You may name one agent for short-term financial management and another individual for long-term incapacity.

A complicating factor in this age of social distancing is that states require witnesses to finalize documents, as well as notarization of signatures. Your estate planning attorney is likely to have a solution that will enable your plan to be finalized during the pandemic.

This blog was originally posted on https://www.pa4law.com/the-importance-of-your-estate-plan-during-a-pandemic/

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Failing To Pay For Child Support In The Quarantine? What You Should Know

As unemployment has increased rapidly due to the pandemic and quarantine, you may find yourself struggling to meet child support obligations. Often contested in a divorce, child support is an issue that is both emotional and financial. Parents should know that courts may enforce harsh penalties if you do not make your scheduled payments.

What are the possible consequences?

•    A warrant – civil or criminal – may be issued for your arrest.

•    You may be found in contempt of court.

•    You may be fined, put in jail, or both.

•    If you are still working, your wages may be garnished.

•    If unemployed, your unemployment compensation may be garnished.

•    Your tax refund may be denied.

•    If you own a property, a lien may be placed on it to cover any payment that you owe.

•    Revocation or suspension of your driver’s license, passport, professional license or hunting/fishing/boating license.

Act proactively

Because these penalties are very serious, if you are having difficulty making payments, be sure to take proactive steps rather than just miss a scheduled payment. These may include:

1.    Seek a divorce attorney consultation to discuss your next best steps.

2.    Requesting the local enforcement agency to set up a temporary payment plan to keep you from falling entirely behind.

3.    Go to the court to have support orders revised. Be prepared to show your change in circumstances, such as unemployment or reduced employment. Other reasons the court may consider a change in support orders include a change in custodial arrangements or medical emergency.

There are differences in state laws and enforcement of penalties, but please know that all states are prepared to enforce court-ordered child support, even if one parent has moved to another state. In such a case, federal charges may be brought. In a federal case, the non-paying parent will be required to pay the support owed and may be imprisoned for up to two years. If the non-paying parent is in military service, he or she may be discharged from service.

Support vs. Custody

Good child custody lawyers will tell you that while the courts take child support very seriously, the courts view support as an issue separate from custody. One parent may not restrict court-ordered visitation of a parent who has not paid child support as scheduled. If the court has granted visitation rights, the parent has those rights until the court would restrict or change them. Courts look unfavorably upon a custodial parent who prevents the other parent from having court-ordered visits with the child or children, particularly if it is related to non-payment of support.

A point of law is that the child is the one entitled to receive support from the parent. Parents should not use payment of support or other support-related issues as a weapon against the other parent. The court will look unfavorably on any such behavior.

In a pandemic as we are experiencing, top estate planning law firms will tell parents concerned about their child’s future security to thoroughly review provisions for children. If you do not have a Will,  it is time to contact a lawyer to draw up a Will.

No matter how worrisome your employment situation may be, it is important to act responsibly and seek the advice of a highly experienced child support attorney who can counsel you on your best course of action.

This blog was originally posted on https://www.pa4law.com/failing-to-pay-for-child-support-in-the-quarantine-what-you-should-know/

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Child Custody In Pandemic And Quarantine

New child custody cases are arising across the U.S. as ex-spouses of health care workers, first responders and other essential workers are attempting to remove access to children by the other parent, according to the best divorce lawyers. In these cases, the ex-spouses claim that the other parent, because of his or her occupation, is at higher risk for becoming infected with COVID-19 and then transmitting it to the child or children.

Doctors, nurses and other essential workers are saying they are being punished for going out and helping others in a pandemic. The custody cases are not limited to just these workers, as some parents are attempting to limit who may come and go in an ex-spouse’s household, and whether or not the child can be compelled to travel in a quarantine in order to comply with custody agreements.

These cases are fraught with controversy, and there is no settled case law regarding child custody in a pandemic or quarantine. Child custody lawyers say the issues are being resolved case-by-case, court-by-court in states all over the country.

Let’s review how courts in general view child custody cases. The court attempts to shape a custody agreement that is in the best interests of the child, considering:

1.    What is a safe residence for the child that protects him or her from disease, substance abuse, or other physical or emotional harm?

2.    Do both parents provide this?

3.    How can custody be shared by parents while also protecting the safety and well-being of the child?

Any change to your custody arrangement will be evaluated against these standards. Let’s look at how some courts have already ruled:

In an open letter, the chief justice of the Massachusetts Probate and Family Court confirmed that approved custody agreements should be observed. If one parent is self-quarantining from family members (as a number of health care workers have chosen to do), the other parent should allow time for the child to video conference or talk on the phone with the parent in quarantine.

In a Florida case, a mother objected to sending a young child to stay with the father, who is a firefighter, and his live-in girlfriend, who is an ER nurse. The father demonstrated to the court that he and the girlfriend take extra precautions in showering, changing clothes, handwashing and disinfecting, to avoid spreading the virus in their home. The court allowed the child to continue to visit the father.

A New Jersey court placed an emergency order against a physician who had recently agreed to see non-COVID-19 patients in the office, after a period when she only offered TeleHealth visits. Her ex-husband said this change increased exposure to their two children ages 9 and 11. The court agreed with the father. The physician ultimately decided to go back to TeleHealth visits only, and custody was restored.

Although custody and child support often are separate issues, the sharp rise in unemployment may blur those lines. Another consideration as a provider and protector of the child, attorneys who handle Wills say you should make sure your estate plan is in order.

If you should find yourself on either side of a custody case, there are some steps to take:

•    Review your custody agreement with your attorney.

•    Discuss how you would want to alter it to protect the child’s health.

•   Have a discussion with your ex-spouse and invite attorneys if needed (a video conference is the best idea).

•    If an agreement cannot be reached, confer with your attorney about what the next steps may be.

As these issues are new to everyone, it is important to consult with an experienced family law attorney to revisit how well your current custody arrangement is working in pandemic and quarantine.

This blog was originally posted on https://www.pa4law.com/child-custody-in-pandemic-and-quarantine/

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Child Custody Modification: What You Should Know Before Agreeing

We live in a society in which people’s living and work arrangements change often, so it is no surprise that court orders regarding custody may need to be modified at some point in a child’s life. However, a change in the child custody arrangement can have long-term effects on the child and on the relationship between the child and parent. Top child custody lawyers will say it is important for parents to understand their child custody rights before agreeing to a change in the custody arrangement.

There are two broad categories of custody, physical and legal. Usually, both biological parents of the child have legal custody, whether he or she has been awarded physical custody. Legal custody means the parent has the right to make important decisions for the child, such as education, health care, and religious upbringing.

Physical custody of a child is where modifications are more likely to be requested. The courts prefer that parents work out the custody arrangements themselves. These might include joint custody, sole or primary custody, or Bird’s Nest custody.

An important point for both parents to remember is that it is always in their best interest to abide by the child custody and child support agreements the court has ordered. This includes a courteous and cooperative attitude toward the other parent. Top-rated divorce attorneys say that open hostility by one parent toward the other may result in a request for modification of the custody arrangement.

What are other reasons to petition the court for a change in the child custody agreement?  Typically, there has been a significant change since the court finalized the order, such as:

1.    One parent doesn’t follow the terms of the existing court order;

2.    Evidence of domestic violence or child abuse;

3.    A parent has relocated to another state;

4.    A parent can no longer provide adequate care for the child;

5.    The child’s needs are different now;

6.    The existing court order is no longer in the child’s best interests.

Child’s Best Interest Standard

Most court decisions regarding child custody are made in the child’s best interests. This standard has evolved over time and is very important for parents to understand.

First, the courts will consider the child’s gender, age, and health. Children with special needs or disabilities receive particular attention to whether the home environment continues to meet those special needs.

If the child is 12 years old or older, the court may consider the child’s preferences in the custody arrangement. It is not a simple matter of the child choosing the living arrangement. The court is obligated to consider other factors, such as:

•    The quality of education in the school district and the safety of the neighborhood;

•    The proximity of after-school activities that are important to the child;

•    The physical and mental health of each parent;

•    The ability of the parent to provide a stable and healthy home environment;

•    Each parent’s work schedule, with particular attention to overnight travel away from the home;

•    Whether other relatives (half-siblings, grandparents) live in the home with the child;

•    Each parent’s effort to encourage a positive relationship between the child and the other parent.

The court is more likely to grant a modification if the parents have already agreed to it. In some states, there is a waiting period, but if the court receives evidence the child is in danger, an immediate modification may be granted.

If you are facing a modification of child custody, it’s important to schedule a consultation now with an experienced family law attorney

This blog was originally posted on https://www.pa4law.com/child-custody-modification-what-you-should-know-before-agreeing/

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For Mothers: What are your Child Custody Rights?

For many years in the past, family courts gave preference to the mother when awarding custody, but this is no longer the case. Mothers have rights in child custody, but today the laws are gender-neutral, which by and large means they are the same as the father’s custody rights.

There are differences in how the courts may perceive parents who were married when the child was born versus unwed parents. If the parents were married, the court assumes the husband is the biological father of the child. The court will determine custody based on the best interest of the child (see below).

If the parents were not wed, the court most often awards custody to the unwed mother. The unwed father may petition for custody, but he first must prove he is the biological father of the child. According to top child custody lawyers, these custody cases can become complex.

Determining Which Parent Receives Custody

Family courts determine custody on the Child’s Best Interests Standard. This standard considers many factors when determining which parent should receive custody of the child, such as:

•    What is the child’s physical and emotional health?

•    How strong is each parent’s relationship with the child?

•    How stable is each parent’s home environment?

•    Has each parent paid child support?

•    Are both the parents equally willing to parent the child?

•    Is there any evidence of abuse or neglect?

•    What are the child’s wishes (if he or she is old enough)?

Physical Custody

It’s helpful for the mother to understand there are two kinds of custody: physical custody and legal custody. Physical custody means that is where the child resides, and that parent is the primary caretaker of the child. This parent has the authority to make all the daily parenting decisions for the child, such as:

•    Who may see the child and for how long

•    Where the child lives and goes to school

•    Medical decisions (as long as they are in the child’s interest)

•    Receiving food assistance or other benefits on behalf of the child

•    Decisions about extracurricular activities, travel, and so on

Sometimes a court grants joint physical custody, and the parents will trade the parenting responsibility when the child is in their physical care. Decisions regarding child support will be based on physical custody arrangements and the income of each parent.

Legal Custody

Legal custody is a parent’s right to make important decisions, like where and how the child will be educated, healthcare decisions, religious practice, and so forth. Typically, both biological parents share legal custody regardless of who has physical custody.

Custody in Case of Same-Sex Marriages

In the case of same-sex marriages when there are two mothers, the law is not as settled as it is in heterosexual marriages. One mother may be the biological mother, and her rights may supersede those of the other mother, even if the biological mother was not the child’s primary caretaker.  If the other mother has adopted the child, this may clarify the case somewhat.

Custody in Case of Adoptive Parents

Adoptive parents (whether heterosexual or homosexual) have legal rights similar to biological parents. If a couple has adopted a child in the course of their marriage, both adoptive parents are afforded the rights of biological parents. The court then makes a determination based on the best interest of the child.

Do you have more questions about the child custody rights of mothers? It’s time to contact an experienced family law attorney to discuss your concerns.

This blog was originally posted on https://www.pa4law.com/for-mothers-what-are-your-child-custody-rights/

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Fathers: 3 Things You Should Know About Your Child Custody Rights

For many years, fathers who sought physical and legal custody of their child had an uphill battle, as courts favored the mother retaining custody. However, times have changed, and biological fathers are viewed as having the same parental rights as biological mothers.

Courts are compelled to make decisions in the best interest of the child. Generally, it is considered that joint custody between the biological parents is in the best interest of the child, but every child custody case is unique. There are three important areas that can affect your individual child custody case:

1.    How Paternity is Established

If the parents were married at the time the child was born, establishing paternity usually is straightforward. The court will assume the child is the product of the marriage, and the husband is the biological father. If the parents were not married at the time the child was born, you must prove that you are the biological father in order to gain rights to child custody.

The simplest solution is for the mother and you to both sign and file an acknowledgement of paternity with the court including the child’s birth certificate with you as the named father. The best divorce lawyers will tell you the simplest solution is not always possible.

If paternity is disputed, be prepared to undergo DNA testing to prove your biological paternity. If you are an unwed father who has not established biological paternity you will not have legal rights to child custody.

2.    Types of Custody

Overall, there are two types of child custody:

1.    Physical custody. This mainly has to do with where the child lives, and which parent cares for the child.

2.    Legal custody. This gives you the right to make important decisions on behalf of the child, such as medical, educational and/or religious decisions.

Today, in practice, there are several ways that child custody may be arranged:

•    Joint custody is when the child lives a portion of the time with the mother and a portion of the time with the father. This is granted if the court is convinced that both parents are able to care for the child when the child is residing with him/her. The active participation of both parents in the child’s life is now considered to be in the best interest of the child.

•    Sole custody is granted if the court is convinced that only one parent is able to care for the child. The other parent may retain partial custody rights as allowed by the court.

•    Primary physical custody is when the child resides primarily with one parent only, and the other parent has partial physical custody.

•    Bird’s Nest custody is when the child resides full-time in the family home, and the parents take turns living in the home and caring for the child.

3.    Factors Considered by the Court

You may wonder what factors the court may consider when awarding physical custody.  The court may deny any physical custody if you cannot provide a safe home, if there is evidence you have abused the child, if the you abuse drugs or alcohol, or if you have been absent from the child’s life for an appreciable amount of time.

It’s important to reach out to Perna & Abracht LLC for consultation on a child custody case, as well as related issues such as child support.

This blog was originally posted on https://www.pa4law.com/fathers-3-things-you-should-know-about-your-child-custody-rights/

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Can You Afford the Cost of Divorce? What to Expect

Most divorces are a complex process that require legal filings, the services of professionals, and sometimes, a trial. All of these factors contribute to the cost of divorce.

There is no “cookie cutter” price tag on divorce, as each one is as unique as the individual parties filing for divorce. However, the national average cost for a divorce is approximately $15,000 a person. This cost includes legal fees (even for an affordable divorce attorney), court costs, and fees for other professionals to consult on taxes or child custody, or to appraise real estate.

Because much of the cost is due to fees, the time it takes to complete the divorce will affect the final cost. The average divorce takes four to 11 months, but if you go to trial, it will take longer, and the costs will be higher.

A deeper dive

There are specific factors that will impact the cost of divorce. These include:

1.    Whether the divorce is contested or uncontested

2.    The fee arrangement with your divorce attorney

3.    The state and location in which you file for divorce

4.    Your child custody and child support arrangement

5.    Whether either party seeks alimony

6.    Whether the parties would agree to mediation

To put it simply, the more issues that you and your spouse can agree upon, the less time it will take to complete the divorce, and the less expensive it will be. Even when the divorce is “amicable” (and few are truly so), there will be costs to both parties.

An uncontested divorce will cost less than a contested divorce because fewer professionals and experts are needed to be called-in to settle any disagreements in valuation or dollar amounts. To file an uncontested divorce, you ultimately will need to be in agreement with your spouse on all major issues. When an uncontested divorce decree is final (usually after a mandatory waiting period), there is no “wiggle room” to go back and renegotiate the agreement.

It’s unusual for any couple with marital assets to be in complete agreement on the value of the property or how it should be fairly divided. A good spousal support attorney will bring in any appraisers or other professionals as needed, and then negotiate a settlement. If you or your spouse are business owners or have extensive investment properties or holdings, this process will be more complex and take longer.

Mediation

A mediation of divorce may save money, but there are still costs, and it is important not to mediate unless certain parameters are met. Even if mediation is used, each party should have the agreement reached at mediation by a good and experienced divorce attorney. Mediation is when you and your spouse agree to use the services of a professional mediator, who is a neutral third party.

You might choose to have a collaborative divorce, which is when the two parties each hire an attorney, and everyone meets to negotiate the parts of your divorce that are contested. Even with an affordable lawyer, the costs will include legal fees, but you will save the cost of going to trial.

Thinking about divorce but wondering whether you can afford it? Contact the team at Perna & Abracht who will be happy to provide answers to your questions in an initial complimentary consultation.

This blog was originally posted on https://www.pa4law.com/can-you-afford-the-cost-of-divorce-what-to-expect/

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