For years we have heard about the importance of spending “quality time” with our children. When you are divorced and following a custody schedule (sometimes called a parenting time schedule) you may feel you have to create special moments in every day you have your kids. Settinging the expectations of constant magical moments when your […]
International custody cases raise issues of both jurisdiction as well as subsequent enforcement. For cases beginning in the U.S., the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) likely applies. The UCCJEA gives jurisdiction for a custody matter to the home county of the child. This would be the county where the child has resided […]
There are two types of custody, legal and physical. In most instances, legal custody or the major decision making process and access to information is joint or shared. When people talk about shared or joint custody, they are usually referring to the physical schedule, i.e., where the child spends his or her time. The terms […]
Pennsylvania’s custody relocation statute, 23 PA C.S. 5337, requires the party seeking relocation to get court approval or the other parent’s permission prior to relocation. A relocation is defined as any move that would “significantly impair the ability of the nonrelocating party to exercise custodial rights.” This definition allows some room for interpretation on when […]
Mediation is a neutral and voluntary process wherein two or more parties that have a dispute meet with a mediator who facilitates the meeting in an attempt to come to an agreement and keep the matter out of court. A mediator does not have to be an attorney. Oftentimes, counselors receive training in mediation as […]
Discovery is the process of obtaining information from the opposing party in the course of a lawsuit. Discovery is governed by the Pennsylvania Rules of Civil Procedure (Pa. R.C.P.). Rule 1930.5 states that there shall be no discovery in a simple support, custody or Protection from Abuse proceeding unless authorized by court. In order for […]
Breast-feeding alone is not a reason to grant custody to the Mother over the Father in a custody dispute. In J.R.M. v. J.E.A., 33 A.3d 647 (Pa.Super. 2011), the court granted Mother primary physical custody based exclusively on the fact that the parties had poor communication and Mother continued to breast feed the child. Father […]
Great-grandparents are able to pursue partial custody just as grandparents are. Section 5325 of the Domestic Relations Statute indicates great-grandparents may petition for partial custody/visitation where one of the following conditions is met: (1) a parent of the child is deceased; (2) the parents of the child have been separated for at least six months; […]
When parents divorce with children, the children need a schedule when they will spend time with each parent. Courts seem to be moving more towards a shared custody arrangement so that both parents can actively participate in the children’s lives. A true 50/50 custody schedule is when both parents have equal overnights in a two […]
Sometimes in child custody cases one of the parents struggles with an addiction either to drugs or to alcohol. When the parties are no longer together, the court must decide contact for each of the parents with their children. If there is a drug or alcohol addiction, it can impact the type of custody and […]
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