Caring for Your Child ◊ Custody Attorneys in Pittsburgh, Pennsylvania
The lawyers of Notaro & Associates, P.C. in Pittsburgh provide personalized, cost-effective and compassionate representation for child custody matters throughout Southwestern Pennsylvania. The custody law firm focuses exclusively on family law, and the three experienced attorneys are prepared to guide you in your custody matter. You will work closely with your attorney.
You are invited to find out if Notaro & Associates, P.C. is the right custody law firm to handle your child custody matter. You can schedule a no-risk free initial phone consultation today by calling 412-281-1988 or by contacting our offices online.
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.
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 case law, 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.
Physical vs. Legal Custody of a Child
Like all states, Pennsylvania recognizes two different types of child custody: physical custody and legal custody. Physical custody refers to the parent with whom the child physically resides. In essence, the child lives with the parent who has physical custody. Legal custody refers to the legal authority to make decisions regarding important aspects of the child's upbringing, like education, extra-curricular activities, medical care, insurance, religion and other issues.
Shared Custody Arrangements
Shared (or "joint") physical and legal custody arrangements have become more and more prevalent with every passing year. While shared legal custody is relatively common, shared physical custody is only possible when both parents are cooperative, when they are civil toward each other, and when they live within a reasonable distance of each other.
What Is in the Child's Best Interests?
In every child custody dispute, the court considers the child's best interest to be the overriding priority in determining who will receive custody. The court considers a number of factors, including:
- Whether either parent is or has been abusive
- Whether either parent abuses drugs or alcohol or is involved in any criminal activity
- Which parent is most likely to allow the child to have frequent, continuing contact with the other parent
If you would like to discuss child custody issues, whether related to a divorce or otherwise, you can schedule a free initial phone consultation with an experienced family law attorney at Notaro & Associates, P.C. in Pittsburgh, Pennsylvania. Call 412-281-1988 or contact the firm online today.
