Arrangements for Your Child

Expert Physical Custody Lawyers in PA

Establishing Physical Custody During A Divorce

When parents do not live together, it is necessary to have a Custody Order or a Custody agreement in place to protect the parents and the child/children and ensure that there is ample visitation time for all the parties involved.  Custody breaks down into 2 important areas, Legal Custody and Physical Custody.

Physical Custody is the actual physical possession and immediate control of the child.  Physical Custody could also be referred to as “visitation”. One parent or the other may have primary physical custody, while the other parent may just have periods of physical custody for purposes of visitation.  Other circumstances may warrant a 50-50 split of physical custody of the children. It is very unusual for a parent to be denied all contact with the minor child/children. A parent who doesn’t have primary, physical custody will still likely have the right to partial physical custody for purposes of visitation. 

Who can bring a custody action to the court?

Either parent can bring the custody action to the court by filing a Custody Complaint.  Next, the matter will be scheduled with a conference officer for a custody conference at the Courthouse. During this conference, you can expect both parties and their attorneys to meet with a Child Custody Officer. 

It is always the hope of the Courts that the parties will be able to come to an agreement on custody so that further litigation is not necessary. If this conference ends without an agreement, either party has the legal right to request a custody trial.  During this trial, ultimately, you will be requesting the Judge to make decisions as to Legal Custody and Physical Custody based on the testimony of the parties. The Judge does not want to make decisions on what is best for your child/children.  It is always the Courts hope that the parties can agree on what is best for the minor child/children. 

In custody cases, there is a clause in the Order of Court that grants each party the right of having physical custody for purposes of visitation. It is important to remember that every custody matter has its own set of individual circumstances and each child has specific needs and requirements from both parents.  Parties should remember as well that their problems are not the fault of the minor child/children. 

It is your legal right as a parent to request that a custody order be modified or changed at any time that would warrant such in the best interest of the minor child/children. At Harold Shepley & Associates, you can expect us to guide you through this process of custody and help determine what your case may look like. 

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