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Custody

hu Child Custody Attorneys in Southwestern Pennsylvania

(For information other than that set forth below, please contact Pittsburgh divorce lawyer and Pennsylvania family law attorney, Bethany L. Notaro, Esquire.)

CUSTODY

If you are in need of a divorce lawyer to represent you with your divorce and child custody case, Notaro & Associates, P.C. is here to help. We are located in Pittsburgh, Pennsylvania and our divorce attorneys represent clients throughout Southwestern Pennsylvania including Allegheny, Westmoreland, Armstrong, Lawrence, and Butler counties.
  
Sometimes when parents end their marriage, it is difficult for them to agree upon who should have custody of the children. The court uses a “Best interests” and welfare of the child standard to decide which custody arrangement will be best for the children. The court also takes into account various other factors, which include the desires of all parties involved; the age and health of the parties; the history of domestic violence, if any; and the relationships with siblings and other extended family members.

In some situations, Joint Custody can work. Joint custody works best when parents are non-hostile and very cooperative. It also works best when the parents live close enough to each other.
There are two different types of custody: Physical custody and legal custody. Physical custody is determined by which parent has the children in their “possession”. Legal custody is determined by which parent (or commonly both) has decision making power in deciding on important aspects of the child or children’s upbringing.

VERY BRIEFLY, Regarding Custody in Pennsylvania, below is an abbreviated and very summarized version of part of what the Pennsylvania Pa.R.C.P. and/or Pa.C.S.A. provides.  (Please note that this content may not be continuously updated, and thus may not contain the most recent updates and/or revisions of the Pennsylvania laws and supplemental information.  This information is provided for overview and information purposes, and is not meant to be legal advice.  It is always best to consult with an experienced family law attorney, who utilizes much more than the following information, including caselaw, statutory law, and other resources to provide legal advice.):

The general rule is that custody be awarded as is in the best interests of the child(ren).

§ 5303. Award of custody, partial custody or visitation.

(a) General rule.--In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child. In addition, the court shall consider each parent and adult household member's present and past violent or abusive conduct which may include, but is not limited to, abusive conduct as defined under the act of October 7, 1976 (P.L.1090, No.218), known as the Protection From Abuse Act.

Regarding shared custody:

§ 5304. Award of shared custody.

An order for shared custody may be awarded by the court when it is in the best interest of the child:

1. upon application of one or both parents;

2. when the parties have agreed to an award of shared custody; or

3. in the discretion of the court.

And regarding grandparents:

§ 5313. When child has resided with grandparents.

If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents or great-grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. The court shall grant the petition if it finds that visitation rights would be in the best interest of the child and would not interfere with the parent- child relationship.


For legal help with your Pennsylvania Custody matter, please contact Pittsburgh custody lawyer Bethany L. Notaro, Esquire.

For a free initial consultation regarding information about proceeding with a divorce in Pennsylvania, please contact Allegheny County divorce lawyer and Pittsburgh Divorce Attorney Bethany L. Notaro, Esquire.

Notaro & Associates, P.C.
1220 Grant Building
310 Grant Street
Pittsburgh, PA 15219

Phone: (412) 281-1988
Facsimile: (412) 391-0668
http://www.palegalservices.com/


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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