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Legal Custody Lawyers in Pennsylvania
Legal Custody In Divorce Can Be Complicated
Legal Custody of a child is the concept that each recognized parent (typically those parents identified on a birth certificate) has the right to engage in child rearing and to participate in the decision-making concerning the health, safety and welfare of a child. The decision-making is typically broken down to the ability to make, or at least have input into, decisions regarding religious practices, education and medical treatment. The right of a parent to Legal Custody of Child is created by inclusion on a birth certificate. A Court may limit or eliminate that right in certain circumstances.
Once Legal Custody is established, it is difficult to eliminate, or limit. Typically a parent who has legal custody of a child (or children) will only have their legal custody rights limited by evidence presented to Master or Judge that leads to a conclusion that they are unable to unwilling to make sound decisions that will promote the best interests of the child (or children) and to protect the health, safety and welfare of the child (or children).
How to establish legal custody if you are not listed on a birth certificate
The process to establish legal custody if a person, specifically a father, does not appear listed on a birth certificate more circuitous. In the case of a father not on a birth certificate, paternity must be established in order to obtain the standing necessary to claim custody rights.
Legal custody rights in Pennsylvania have expanded beyond biological parents over time. Parties standing In Parentis Loco (“in place of the parent”) can claim standing as per 23 Pa. C.S.A. §5324, as can grandparents . Once they have established their standing, they can seek physical and/or legal custody of a child (or children).
When parties do not live together, it may become necessary to obtain a custody order to protect both parties and to define their rights and responsibilities to each other and to the child (or children) and to the child (or children). An order can be agreed to by the parties, it can be the result of a custody conference, or it can be the result of a hearing in front of a Master or Judge.
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