Child Custody and Visitation

Central Pennsylvania Child Custody and Visitation Lawyers

Child custody is one of the most emotional of all the legal issues associated with legal separation and/or divorce. Custody may be defined in both “legal” and “physical” terms. Legal custody determines both the right to make important decisions regarding the health, safety, and welfare of the child—such as education, religion, and medical care. Physical custody, on the other hand, refers to what party will have the actual physical custody of the child—whether "partial," "shared," "joint," or "primary."

Visitation is a completely separate term that is not used in defining custody, but rather the right of the non-custodial parent to visit the child while he or she is in the physical custody of the other parent.

Much has changed since we opened our family law practice in 1951, but one thing will always be the same—custody of a minor child is a very difficult and trying issue. Although parents want what is best for their children, it sometimes takes a skilled child custody attorney to help make this possible.

Contact the Shaffer & Engle Law Offices, LLC in Millersburg or Harrisburg, Pennsylvania to discuss your rights as a parent and the interests of your family.

Relocation Issues

Relocation issues may also be one of the most difficult concerns for a parent. For example, when one party desires to relocate outside the current jurisdiction, thereby necessitating a change in school districts and custody schedules, the rights of the other parent must be considered. However, the court will always consider what is in the "best interests" of the child first, and in these special circumstances, it also considers the Gruber factors, including:

• The economic interests of the relocating parent? Are they moving because they or their new spouse has gotten a better job elsewhere?
• The motives of the non-relocating parent in trying to prevent the move? Are they doing it for spite or are they doing it out of love for the child?
• The possibility of real, alternative custody scheduling for the non-relocating parent? Will they be able to see the child as they have in the past? Is one parent moving to California from PA or simply to Maryland? The distance makes a difference.

In making an order for custody or partial custody, the court must consider the child’s best interests, as well as any other factors which may have a legitimate impact on the child’s physical, intellectual, and emotional well-being. Further, it is important for the court to at least attempt to determine the child’s preference. The weight to be given by the court to the child’s preference will vary according to the child’s age, intellect, and maturity. As the child grows older, more weight will be given to his/her preference.

Other factors that will bear on the court’s decision to award primary, partial, or joint physical custody to one parent or the other include:

• Continuity and stability
• Evidence of child abuse
• Current household/living conditions
• Disrespect for the legal process—contempt of prior court orders
• Income of the parties—is one party completely unable to care for the child?
• Parental agreements
• Psychological bonding
• Work schedules
• Race
• Religion
• Natural parents

As experienced family law attorneys, we know that child custody and visitation is often the most contentious battle in any divorce case. Unfortunately, parents often end up losing sight of what is best for their children, as emotions flair and fear of an unknown future guides their thinking.

At Shaffer & Engle Law Offices, LLC we never forget that we not only represent one of the parents in a custody or visitation case, but we are also representing the best interests of their child. If your pending divorce will involve child custody or visitation rights issues, contact the Pennsylvania child custody attorneys at Shaffer & Engle Law Offices, LLC.

Child Custody and the Unwed Parent / Child Born Out-of-Wedlock

The instant a child is born both biological parents have a right to establish a parent-child relationship with their child. The constitutionally protected right of a parent to the custody of his or her child is not weakened by the fact that the child was born out-of-wedlock. Neither parent has a preference to custody of a child born out-of-wedlock and both have equal standing to obtain custody notwithstanding the lack of legitimation of the child. Moreover, both parents have equal custody rights where the natural father has acknowledged paternity and assumed parental responsibilities.

In determining custody, the primary considerations are the best interests and welfare of the child. Custody disputes between unmarried parents should be resolved by reference to the same statutory factors considered in determining the best interests of children whose parents have been married to each other. In determining the best interest of the child, the court considers several factors, such as the conduct of a parent in meeting the responsibility of establishing a significant relationship with the child and of providing for the child.

Some of the more important factors that a Court may consider are as follows:

• Primary caretaker: Where both parents seek custody of a child too young to express a preference for a particular parent and one parent has been the primary caretaker, custody should be awarded to the primary caretaker in the absence of a showing that such parent is unfit. However, the primary caretaker rule is not extended to a non-biological father where the biological mother is a fit person and the non-biological father has not married her.
• Primary residential custody: The determination of primary residential custody is governed by the best interest of the child, and the natural father need not prove that the mother is unfit in order to be awarded custody.
• Joint and divided custody: Where the best interests of the child so warrant, joint or divided custody may be awarded. On the other hand, joint custody may not be awarded where it is not in the best interests of the child, as where antagonism or sharp differences exist between the parties. A domestic violence conviction creates a presumption that joint custody would not be in a child's best interest.
• Doctrine of family unity: Absent compelling reasons to the contrary, siblings should be raised together whenever possible, even when there is an unborn half sibling.
• Removal of child from state: When the custodial parent of a child born out-of-wedlock seeks to remove the child from the state, he or she must obtain the consent of the non-custodial parent or, when consent is not granted, a court order obtained under the "best interests of child" standard. See Relocation Issues on this site.
• Same treatment: An unwed parent, whether mother or father, should be treated the same as any other parent for purposes of determining custody.

For help with child custody or visitation rights if you are not married to the other parent of your newborn child, contact the Pennsylvania child custody lawyers at Shaffer & Engle Law Offices, LLC.