Determining a Parenting Plan in Pennsylvania

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Divorcing when you have children brings on many questions. Here in our Langhorne, PA office, we help couples determine many post-divorce logistics related to their children. This can include how much child support you are going to pay or receive, as well as where your children are going to spend their time. Determining your parenting time schedule can be a bit difficult for parents.

First and foremost, for most parents, the most difficult part of setting up a custody schedule is realizing they are not going to be spending every day with their child. Children have the right to spend time with both parents, during the week, on weekends, and then on special occasions.  

There are many factors that can complicate a parenting schedule including where parents live, their work schedules, where the child attends school, and his/her activities. If parents can sit down together, alone or with their attorneys, it is best to collaborate on a plan. If they can not do this, then the matter will go in front of a judge who will determine the parenting schedule.  Judges often hear cases in which one parent would like sole custody for the sake of moving far away, making it prohibitive for the other parent to enjoy a 50/50 custody arrangement.  

How does a judge determine a parenting time schedule in PA?

There are 16 factors that the court can use to determine the custody of a child. They include:

  • the likelihood of the parties to encourage the child to remain in close contact with the other parent
  • any past abuse
  • what each parent currently does for the child and could that be continued
  • how stable the child’s life is
  • the availability of extended family to help
  • the existence of siblings
  • the child’s preference
  • whether the parents put the child in the middle of their disagreements
  • whether one parent is more likely to take better care of the child than the other
  • the distance between the parents
  • who will care for the child if the custodial parent is at work
  • whether there is significant conflict between the parents
  • any drug use, mental or physical abuse, or other relevant personal characteristics that may be present in the home

Most parents realize that when a judge makes a decision it is legally binding and must be followed. This is why it is best to work it out between the parties before the matter winds up in court. If your spouse is unreasonable we can negotiate child custody and a parenting schedule for you. Sometimes it is just easier to have legal representation in the room with you or to review your plans to get both parties to be a bit agreeable.  

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Changing Custody in PA – Can your Child Speak to the Judge?

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Child custody is an emotionally charged area of divorce. You need to ensure your child is legally and financially protected and also emotionally stable throughout the process. Unfortunately, parents are often confused and overwhelmed through the process and want to fight. Sometimes they think it is best for the child to come into the divorce process and actually talk with the judge during hearings. Working out of our office in Langhorne, we help parents in Bucks and Montgomery counties work through the complicated issues and negotiate the best arrangements for their minor children.  

First and foremost, a judge does not have to make decisions in your divorce. We can work closely with you and your spouse on your settlements and negotiate any differences. A judge only needs to get involved when you do not agree.  

If you think it is a good idea to get your children involved in the decision-making process we always warn you to take great caution. Do not wage a war with your spouse and put your child in the middle, as that can cause short-term problems and long-term consequences for your child. It is best to make the decision after consulting with a therapist or guidance counselor. Work with them to find a good way to approach the situation with your child.  

If your child is going to go in front of the judge, we cannot predict how the judge is going to consider the information. In PA, a judge may consider what a child has to say, but has great leniency when it comes to actually considering a child’s thoughts:  

“The weight to be accorded a child’s preference varies with the age, maturity and intelligence of that child, together with the reasons given for the preference. Moreover, as children grow older, more weight must be given to the preference of the child.”

Wheeler v. Mazur, 793 A.2d 929 (Pa. Super. 2002)

Where will the judge interview your child during your divorce?  

For the well-being of the child, a judge may decide to have a more relaxed conversation so the child is spared testifying in open court. Regardless of where the meeting takes place, attorneys for both parents must be present. Navigating this part of a highly contentious divorce can be difficult and should only be done with a highly experienced legal team.  

Here in Bucks County and Montgomery County, PA, our judges are excellent at working with children. And all lawyers should work together to ensure that children are not being forced to choose between two parents – especially when the parents are already fighting, possibly within the presence of that child.   

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