Child Custody

When couples separate or divorce the primary focus for most is how time with their children will be shared and how will important decisions about the children be made. In Pennsylvania, parents have legal custody and physical custody rights to their children.

Legal custody: the right to make decisions regarding the health and welfare of your child. Legal custody is almost always shared by parents and allows them access to school and medical records and requires that each be informed regarding important child related decisions. Day-to-day decisions are made by the parent having physical custody at any particular time.

Physical custody: the right to have actual physical custody of your child. Physical custody is almost always shared by parents, although shared does not necessarily mean 50/50. Shared custody schedules are varied and our attorneys can work with you on schedules that meet the needs of your child.

Visitation: the right to visit with a child but not the right to spend time alone with the child away from the other parent or a third-party supervisor.

Custody agreements and orders are subject to be modified at any time if it is in the best interests of the child. A child is subject to an order until he or she reaches the age of eighteen.

Interested in discussing Child Custody?
Call 717-525-7711

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What does the custody process look like in a litigated matter?

Complaint: The litigation system is initiated when one parent files a custody complaint.
Parenting Seminar: A parenting seminar is required in some Pennsylvania counties and both parents must attend.
Custody Conciliation: This is a conference that is somewhat like mediation and a neutral third party is appointed to sit down with the parents and their attorneys to try and work out the terms of a custody schedule.
Mediation: If an agreement cannot be reached at a conciliation conference, some counties require the parents to attend mediation in one final attempt to avoid a custody trial.
Trial: When no agreement can be reached, a trial is scheduled before a judge. The judge will hear testimony and evidence from both parties and their witnesses. The judge will issue an order setting forth a schedule of custody for each parent. The judge’s decision is based on what is in the child’s best interests and there are statutorily identified factors that are considered. Prior to trial, parties must decide if they need a custody evaluation performed by a mental health professional and/or home studies done of the other parent’s home.
Appeal: Once a final order is issued by the trial court, both parents have the ability to appeal the decision to the Pennsylvania Superior Court.

Levin Hoover’s Smart Approach

We provide realistic guidance based on the facts and circumstances of your case. The law as it applies to your situation is explained at your initial consultation. Where appropriate we recommend co-parenting counseling and resources to assist in speaking to your children about the impending separation of parents. We explore alternatives to litigation with you, including mediation, arbitration and collaborative law.

Child Custody, Court Process

Central Pennsylvania Child Custody Court Process Read More

Interested in discussing Child Custody? Call 717-525-7711

What does the custody process look like in a litigated matter?

Levin Hoover’s Smart Approach

Interested in discussing Child Custody?
Call 717-525-7711