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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Claiming Damages When Someone Else is Responsible for an Accident

 

After a motor vehicle accident, you may feel overwhelmed and wonder how you will cover your medical bills, lost time from work, and other expenses. If someone else was responsible for your injures and losses, you may be able to recover compensation for damages. A car accident lawyer can help you sort it all out and determine your options for claiming damages after a car accident.

Types of Damages Injured Victims Can Recover

Whether you were hurt while running errands or taking a road trip in a rental car, it is important to keep in mind that hiring an attorney can help you maximize the amount of damages you may be entitled to recover. Each case is unique, and you may only be able to make a recovery for certain types of damages. Your attorney can investigate the circumstances surrounding the crash, the impact it has had on your life, and determine the total value of your past and future losses.

Past and Future Medical Expenses

Depending on the extent of your injuries and whether you will need long-term treatment and care, your medical bills may run into the millions of dollars. It can be easy to underestimate the cost of hospital stays, surgeries, rehabilitation, physical therapy, medications, and other expenses. It is critical to make sure your injuries, diagnoses, and medical treatment are properly documented. Your personal injury attorney can put it all together to demonstrate the physical, emotional and financial costs of your injuries.

Past and Future Lost Wages

Injuries sustained in a car accident can leave you unable to work for an extended period of time. If you have suffered a catastrophic injury or are permanently disabled, you may not be able to return to work at all. This can not only put you and your family in a precarious financial situation, it can also cause you to miss out on professional opportunities that may have arisen had you not been injured. Putting an accurate value on future lost wages and loss of earning capacity can be challenging. Attorneys often enlist the help of experts such as forensic accountants who do a thorough analysis of your education, earning potential, work history, and other factors to determine your future losses.

Pain and Suffering

Some injuries result in severe or chronic pain that significantly reduces an injured victim’s quality of life and ability to do things they once enjoyed. The trauma of being in a car accident can also lead to conditions such as PTSD, depression, anxiety, and other psychological problems that cause serious emotional distress.

Wrongful Death Damages

In Pennsylvania, the spouse, children, and/or parents of a victim whose death was caused by negligence can recover damages for financial support, medical expenses, funeral costs, loss of affection and companionship, and other accident-related losses. In a survival action, heirs of an estate can recover damages that the deceased person could have recovered had they survived, such as lost wages and pain and suffering.

Property Damage

If your vehicle or other property was damaged in an accident caused by someone else, you may also be entitled to compensation for property damage or replacement. This may include compensation for repairs, the fair market value of the vehicle if it was totaled, and any property inside the vehicle that was damaged.

This is by no means an exhaustive list of potential damages you may recover as an injured victim. Experienced accident injury lawyers at Perna & Abracht can evaluate your case and determine which specific types of damages may apply in your case.

This blog was originally posted on https://www.pa4law.com/claiming-damages-when-someone-else-is-responsible-for-an-accident/

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DUI Accidents: Are Bar Owners Liable for Damages?

 

Each year millions of people are injured or killed in drunk driving accidents. Although motorists who drive under the influence of alcohol should be held accountable for their actions, sometimes other parties also may be responsible. In Pennsylvania, bars, restaurants, and other establishments that serve a visibly intoxicated person may be liable for any injuries-or death-that are caused by that person. These types of cases require the knowledge of seasoned Pennsylvania personal injury lawyers who understand what is involved in proving ‘dram shop’ liability.

What Is Dram Shop Liability?

In 18th Century England, spirits were sold by the spoonful, or “dram,” in establishments called dram shops. Today, dram shop laws hold businesses and individuals (known as social hosts) accountable for serving alcohol to visibly intoxicated persons or minors who cause injury or death.

Although dram shop laws are most commonly applied in drunk-driving cases, they also can be relevant in personal injury lawsuits involving assaults. In addition, if an intoxicated person leaves an establishment and injures him- or herself, they may be entitled to sue the bar owner under dram shop law.

Proving a Dram Shop Claim

These elements are vital to bringing a successful dram shop claim, including:

- Demonstrating that the establishment served alcohol to someone who was visibly intoxicated. This may be based on signs of intoxication such as staggering, slurred speech, crude behavior, and drinking fast. A personal injury lawyer may use the testimony of employees and other witnesses to prove visible intoxication.

- Showing that the establishment’s or social host’s choice to serve a visibly intoxicated person directly led to injury, damage, or death.

A guilty plea or conviction, or a high blood alcohol content, in a DUI case may be used as evidence to prove intoxication in a dram shop claim.

Recovering Compensation in a Dram Shop Claim

If you were injured or lost a loved one in a DUI crash and believe that an establishment also may be liable, a car accident attorney can assess your case and determine whether you have a viable claim. They may be able to help you recover damages such as:

- Past and future medical bills

- Past and future lost income

- Loss of future earning capacity

- Pain and suffering

- Loss of companionship or consortium

- Loss of enjoyment of life

Holding establishments accountable for serving patrons who are visibly intoxicated sends a message that this type of behavior comes with serious consequences and is categorically unacceptable. Bringing a dram shop action against a bar or restaurant may make them think twice about over-serving their customers, and prevent others from being injured or killed in the future.

If you need help determining whether a bar owner or social host may be liable for damages, contact a top accident attorney here to learn more.

This blog was originally posted on https://www.pa4law.com/dui-accidents-are-bar-owners-liable-for-damages/

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Punitive Damages: What are They and When are They Awarded?

 

Typically, damages such as lost wages, medical bills, and pain and suffering are awarded in a successful personal injury claim or lawsuit. However, when a negligent party’s acts are particularly egregious orreckless, or intentional harm is caused, a plaintiff may be entitled to punitive damages as well. Punitive damages are not awarded often, so if you are thinking of pursuing them, it is vital to speak with a personal injury attorney who can help you understand the law and whether they may apply in your case.

What Are Punitive Damages?

Unlike compensatory damages that are intended to make a plaintiff whole and put them back in the position they were in before an injury or loss, punitive damages are designed to punish the defendant and deter others from acting in a similar fashion in the future.

When Are Punitive Damages Awarded?

In Pennsylvania, punitive damages may be awarded when someone has engaged in willful malicious conduct, or when his/her behavior is so careless that it displays a wanton disregard for the safety of others.

For example, if you are involved in a car accident that was caused by someone who was not driving recklessly or being intentionally aggressive, you may be entitled to compensatory damages for your injuries and losses, but you would not be able to sue for punitive damages. However, if another motorist caused an accident while speeding excessively, driving drunk, or texting and driving, he/she may be liable for punitive damages in addition to compensatory damages.

Other common types of claims that sometimes involve punitive damages include:

- Assault claims

- Medical malpractice cases

- Product liability claims

- Wrongful death claims

- Dog bite cases in which an owner knew his/her dog was aggressive

Elements Involved in Awarding Punitive Damages

Before awarding punitive damages, the court takes certain things into consideration. Plaintiffs seeking punitive damages must meet a high bar to prevent abuses of the system. Punitive damages are not awarded in isolation—the plaintiff must be awarded other types of damages such as special and general compensatory damages. The defendant must have acted maliciously or purposefully. Mere negligence typically does not warrant an award of punitive damages.

How Are Punitive Damages Calculated?

Punitive damages are awarded in an amount that is relatively proportionate to compensatory damages. In Pennsylvania, punitive damages are sometimes capped. For instance, in medical malpractice cases, punitive damages cannot exceed more than 200 percent of the compensatory damages awarded, and 25% must go to the state’s MCARE (Medical Care Availability and Reduction of Error) Fund.

How a Personal Injury Lawyer Can Help

If you or a loved one has been injured in an accident and believe that punitive damages may be warranted in your personal injury or wrongful death claim, it is critical to speak with an attorney. These types of cases are complex. An experienced personal injury attorney can evaluate your case and advise you of all the options that may be available to you.

This blog was originally posted on https://www.pa4law.com/punitive-damages-what-are-they-and-when-are-they-awarded/

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COVID-19 And Other Vaccinations: What Happens When the Parents Disagree?

 

Most parents want what is best for their children, especially when it comes to medical decisions. In recent years, vaccinations have become a controversial subject. So what happens when parents have disagreements about vaccinations? A good child custody lawyer can help you understand your rights and responsibilities as a parent and provide the legal counsel you need to protect your child’s health and interests.

Pennsylvania Rules about Child Vaccinations

Pennsylvania public health rules require children who attend school to be vaccinated against polio, tetanus, diphtheria, whooping cough, measles, mumps, rubella, hepatitis B, and chickenpox. In addition, the meningococcal conjugate vaccine is required for middle-school and high-school-aged children. However, exceptions are allowed for religious, medical, or philosophical reasons. A COVID-19 vaccine is not available for children yet, so it is unclear whether it will be required by the Commonwealth.

How Are Vaccination Disagreements Resolved?

Ideally, coming to an agreement about vaccinating your children would happen outside of a courtroom and be included in a parenting plan. However, if separated or divorced parents cannot resolve the issue on their own, the court will have to become involved. Generally, courts make their decisions based on the child’s best interests. One factor that can affect the amount of say you have in whether your child is immunized depends on the type of custody you have.

When parents have joint legal custody of their children, each parent has an equal voice when making decisions that affect their child’s health, education, religious upbringing, and other important decisions. Typically, if you have sole legal custody, whether you have your child immunized is up to you. However, if one co-parent strongly disagrees with the other about vaccinations, he/she can file a petition with the court. Regardless of which side of the issue you are on, it is critical to have your divorce lawyer advise you on the best way to proceed to safeguard your child’s rights.

Options for Settling Vaccination Disagreements

Judges prefer not to make these kinds of decisions, but in some cases, it is the only way to resolve a dispute. A judge will take different factors into consideration, and may ask for input from a child’s pediatrician. If one parent has sole legal custody of a child, the judge will definitely look at how that decision came to be and why the other parent is barred from making these types of important decisions.

Although compromise may seem impossible, mediation is another way to find common ground before filing a petition with the court. The best custody and child support lawyers are skilled negotiators who may be able to persuade parents to see things in a different light. For example, if you want your child to have all childhood vaccinations, but your co-parent does not, a good compromise could be to agree to a vaccination schedule that is spread-out over a longer period of time instead of vaccinations being given according to a traditional administration schedule.

Another option you may choose to settle a dispute is to go to binding arbitration. In this type of proceeding, a qualified professional such as a family law attorney hears each party’s evidence and arguments and then reaches a final decision by whicht both parties must abide. Unlike a mediator, an arbitrator does not facilitate negotiations. Both parents are responsible for paying the costs of binding arbitration.

If you are concerned about vaccinations or other medical treatment for your child, an experienced Pennsylvania family lawyer can help you fight aggressively to protect his/her rights. Contact here.

This blog was originally posted on https://www.pa4law.com/covid-19-and-other-vaccinations-what-happens-when-the-parents-disagree/

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Who Pays for Damages and Injuries After a Rental Car Accident?

Sorting out who will pay for your medical care and property damage after a car accident can be difficult, but when a crash occurs in a rental car it may be even more challenging. Most rental car companies offer supplemental insurance, but you may be able to recover compensation from your own auto insurer as well. Each situation is unique, and there is no way to know exactly how it will all shake out. A car wreck attorney can evaluate your case and determine who may be responsible for your medical bills, loss of income, pain and suffering, and other damages. 

Types of Rental Car Insurance Coverage

There are multiple ways to ensure you have enough coverage on a rental car, including:

Personal car insurance—Typically, your own auto insurance company will cover property damage and any injuries you or your passengers sustain in a rental car accident. However, you should read your policy or contact your insurance company before assuming that you are covered when renting a car.  

Pennsylvania drivers are required to have minimum Personal Injury Protection (PIP) coverage of $5,000 for medical benefits, $15,000 for bodily injury liability per person, and $5,000 for property damage. Most accident lawyers recommend that you purchase more PIP coverage, as the minimum amounts may barely be enough to cover a portion of your medical bills and other damages. 

Credit card coverage—Many financial institutions offer protection if you use their credit card when renting a car. If any of your cards offer this coverage, make sure to use one of them.

Rental car company— Doing your research before you book a rental car can help you save a lot of money. Most rental car companies push consumers to add on insurance at the time of the rental. Reviewing your own policy and the benefits you may have through the credit card you use to rent the car may provide plenty of coverage. 

When Someone Else is Responsible for an Accident

How liability is assigned in a car accident depends on the specific circumstances. If an accident in a rental car was caused by another motorist’s negligence, you will most likely need to file a claim with their auto insurance company. Depending on their levels of coverage or whether your claim is denied, you may end up using your own PIP policy as well. Consulting a Pennsylvania personal injury attorney who is well-versed in handling accident claims that involve multiple insurance companies is the best way to make sure all possible avenues of compensation are pursued to your benefit. A lawyer can investigate your case, determine who is at fault, and help you seek maximum compensation to protect your health and financial future. 

If you need assistance figuring-out who may be liable for damages after a rental car accident, contact a local injury attorney today.

This blog was originally posted on https://www.pa4law.com/who-pays-for-damages-and-injuries-after-a-rental-car-accident/

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