Tag Archive for: child custody

Co-parenting and Dangerous Parenting

Co-parenting after splitting up can be challenging even when both sides are well-meaning and cooperative. It’s a lot more difficult when navigating co-parenting and dangerous parenting on your ex-partner’s side. 

Courts will always prioritize well-being while protecting children from high-conflict co-parenting. Consider the following when creating a safety plan for co-parenting with a risky ex.

What If You’re Concerned for Your Child’s Safety When They’re With Your Ex?

As a rule, family law courts believe it’s in the child’s best interests to spend time with both parents. However, some signs might tell you that your ex is unsafe for your kids.

Certain things your children do or say after spending time with the other parent could make you believe it’s dangerous for them to stay with your ex unsupervised. In this scenario, stay vigilant and consult a custody lawyer who knows how to navigate co-parenting and dangerous parenting.

Red Flags of Dangerous Co-Parenting Behavior

If your child comes back from their other parent with bruises or other signs of physical harm or tells you that your ex has abused them, you’ll want to take immediate action. However, not all abuse is obvious, especially if your child is too young to describe what happened.

Neglect and lack of supervision are also a form of abuse. For example, maybe your child often returns underfed or dirty from your ex’s house, or you discover that your ex neglects to ensure they take their prescription medications. You may also suspect your co-parent lets your child engage in risky or age-inappropriate activities without supervision. 

Finally, you may feel concerned about your ex-partner’s unaddressed problem of alcohol or substance abuse in the context of co-parenting.

You Must Still Obey Court Orders

While courts focus on prioritizing child safety in co-parenting plans, they expect you to comply with the proper procedures and present solid proof of your co-parent’s risky behavior. 

A seasoned lawyer can help you look into legal options for limiting contact with a dangerous parent. However, you can’t simply withhold parenting time based on suspicion. You could get into serious trouble, and the court may reduce your parenting time.

Document Each Incident of Potentially Dangerous Co-Parenting Behavior

Did your child tell you their other parent pushed, shoved, or slapped them? Write it down and date it. Did your ex-partner send you a text message or voicemail admitting they let the children stay outside until late unsupervised, despite your insistence not to? Save this message.

Keep a personal record of all your ex-partner’s actions that are abusive or could potentially endanger your kids. Then, consult a family lawyer for reliable advice on keeping your children safe.

Dealing With an Unsafe Co-Parent? Call Karen Ann Ulmer, P.C. 

Do you believe your ex is an unsafe co-parent? The skilled divorce and custody lawyers of Karen Ann Ulmer, P.C., can help you handle co-parenting and dangerous parenting, including co-parenting with a narcissist or abusive ex. Call us at (866) 349-4907 or schedule a consultation online.

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Co-parenting and Dangerous Parenting

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Co-parenting after splitting up can be challenging, even when both sides are well-meaning and cooperative. It’s a lot more difficult to navigate co-parenting when there are signs of dangerous parenting on the side of your ex-partner. 

Courts will always prioritize well-being while protecting children from high-conflict co-parenting. Consider the following when creating a safety plan for co-parenting with a risky ex.

What If You’re Concerned for Your Child’s Safety When They’re With Your Ex?

As a rule, family law courts believe it’s in the child’s best interests to spend time with both parents. However, some signs might tell you that your ex is unsafe for your kids.

Certain things your children do or say after spending time with the other parent could make you believe it’s dangerous for them to stay with your ex unsupervised. In this scenario, stay vigilant and consult a custody lawyer who knows how to navigate co-parenting and dangerous parenting.

Red Flags of Dangerous Co-Parenting Behavior

If your child comes back from their other parent with bruises or other signs of physical harm or tells you that your ex has abused them, you’ll want to take immediate action. However, not all abuse is obvious, especially if your child is too young to describe what happened.

Neglect and lack of supervision are also a form of abuse. For example, maybe your child often returns underfed or dirty from your ex’s house, or you discover that your ex neglects to ensure they take their prescription medications. You may also suspect your co-parent lets your child engage in risky or age-inappropriate activities without supervision. 

Finally, you may feel concerned about your ex-partner’s unaddressed problem of alcohol or substance abuse in the context of co-parenting.

You Must Still Obey Court Orders

While courts focus on prioritizing child safety in co-parenting plans, they expect you to comply with the proper procedures and present solid proof of your co-parent’s risky behavior. 

A seasoned lawyer can help you look into legal options for limiting contact with a dangerous parent. However, you can’t simply withhold parenting time based on suspicion. You could get into serious trouble, and the court may reduce your parenting time.

Document Each Incident of Potentially Dangerous Co-Parenting Behavior

Did your child tell you their other parent pushed, shoved, or slapped them? Write it down and date it. Did your ex-partner send you a text message or voicemail admitting they let the children stay outside until late unsupervised, despite your insistence to the contrary? Save this message.

Keep a personal record of all your ex-partner’s actions that are abusive or could potentially endanger your kids. Then, consult a family lawyer for reliable advice on keeping your children safe.

Dealing With an Unsafe Co-Parent? Call Karen Ann Ulmer, P.C. 

Do you believe your ex is an unsafe co-parent? The skilled divorce and custody lawyers of Karen Ann Ulmer, P.C., can help you handle co-parenting and dangerous parenting, including co-parenting with a narcissist or abusive ex. Call us at (866) 349-4907 or schedule a consultation online.

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When To Consider Parallel Parenting

Studies show that children have better outcomes when they are able to spend approximately 50% of their time with each parent. However, this can be difficult in a contentious Bucks County divorce or when two parents have drastically different parenting styles.

In these high-conflict situations, parallel parenting can be the recommended solution to ensure that the kids spend ample time with each parent, yet the warring parents don’t have to interact much (if at all) with each other.

This article defines the concept of parallel parenting, including when it might be the right solution for divorced parents.

What Is Parallel Parenting?

A parallel parenting situation occurs when each parent makes their own decisions about the children’s care and activities while they are in that parent’s respective custody. In other words, parallel parenting is when you are both parenting, but doing your own thing.

This approach to custody and decision-making is typically recommended when parents do not get along. Parallel parenting is a co-parenting method that minimizes contact between the two parents because each parent has the authority to exercise autonomy and authority within their own household.

Parallel Parenting vs. Shared Custody

In a co-parenting arrangement, parallel parenting is markedly different from shared custody (also referred to as joint custody). With shared custody, both parents work together in regard to important decisions, including education, healthcare, religious upbringing, etc.

By contrast, parallel parenting virtually eliminates this shared decision-making, and communication methods for parallel parenting arrangements may be limited to email, text messaging, parenting apps, shared online platforms (like Google Drive or Dropbox), third-party mediators, and written communication.

These methods of communication minimize interactions between the parents while allowing them to exchange vital information about a child’s well-being.

While co-parenting is ideal, it’s not always practical or healthy. Parallel parenting is good in high-conflict situations. One of the key benefits of parallel parenting for children is that both parents maintain a good relationship with their kids, and the parents don’t have to interact with each other.

One potential downside of high-conflict co-parenting strategies like parallel parenting is that it opens up the door for kids to play the parents off of each other because communication is kept to a minimum.

Benefits of Parallel Parenting

When both parents want to be involved in their children’s lives but cannot maintain a healthy co-parenting relationship, parallel parenting can be a preferred approach.

The benefits of parallel parenting include reduced conflict and tension between the parents and the two homes, better-established boundaries, predictable and established communication methods, lower stress levels (due to reduced contact and arguments), and overall improved co-parenting skills.

While it may be ideal for both parents to cooperate and communicate with each other instead of in parallel, it’s important to consider the impact that ongoing conflict can have on the psychological health of the child.

Contact an Experienced Child Custody Attorney

Navigating parallel parenting, including creating a parallel parenting schedule, can be an important step in ensuring that your children have a healthy and stable living situation. To learn more about parallel parenting, contact Karen Ann Ulmer, P.C., at 866-349-4907 for a consultation.

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Traveling Abroad With Kids After Divorce

Jetting off to Tokyo or Paris has always been on your bucket list, and now that your ex is in the rearview mirror, you make plans to do just that. Not so fast, though. Traveling abroad with a child post-divorce isn’t something you can do on a whim. You’ll probably need to ask your ex for permission to avoid violating your custody arrangement.

Below, learn everything you need to know about traveling after divorce with your child.

Refer to Your Custody Agreement

Before packing your bags, look over your parenting plan. Does it say anything about taking your child out of the country? Many custody plans limit the number of days per year that you can travel internationally with your little one.

If you have sole physical and legal custody, you may not have to ask your ex for permission to travel, but it’s a good idea to at least let them know of your travel plans. If you have joint custody, you’ll need to ask for passport consent.

Should you fail to ask permission before leaving the country, your ex could have you charged with parental abduction under the Hague Convention.

Apply for Passports for Kids After Divorce

If you plan on traveling internationally after divorce, both you and your child will need a passport. You must supply proof of parentage (such as a birth certificate or DNA test results) to procure a passport for children under 16.

If you have joint custody, you must supply a court order that permits you to travel abroad with your young one. You might also need to show customs officials a written statement from your ex that permits international travel.

Note that you may be ineligible for a passport if you’ve been neglecting child support payments. In Pennsylvania, you’re ineligible for a passport if you owe more than $2,500 in child support.

Bring Must-Have Paperwork With You When Traveling After Divorce

If your ex gives the thumbs-up to travel abroad with your child, be sure to bring written permission from them with you. You should also bring copies of your custody agreement and the child’s birth certificate. Never let these documents out of your sight.

What If Your Ex Won’t Play Ball?

Understandably, the prospect of you taking your child abroad might make your ex anxious. They don’t like the thought of missing out on parenting time, and they may worry that you’ll flee overseas and never return.

Talk to your ex to figure out what’s bothering them. You may be able to reach a compromise. For instance, in exchange for allowing international travel, you might agree to give your ex more visitation for the rest of the year.

If your ex still refuses to grant permission, contact a divorce and custody attorney to discuss your situation.

Learn More About International Travel Restrictions After Divorce

Traveling after divorce can be exhilarating, but before you buy plane tickets or book a hotel, you must ensure you can leave the country with your child. If your ex says no, contact Karen Ann Ulmer, P.C., at (215) 752-6200 for a confidential consultation.

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Child Custody: When Your Ex Is Always Late Dropping Off or Picking Up Your Kids

Your ex was supposed to pick up your child three hours ago, but they still haven’t arrived. Not only that but they can’t even be bothered to call you and tell you what’s going on. You’re annoyed, to put it lightly, and your child keeps asking, “Why isn’t daddy here yet?”

Below, a divorce and child custody attorney explains how to handle non-compliance of court-ordered visitation here in Bucks County.  

Why Is Your Ex Not Complying With the Parenting Plan?

If your ex is only late occasionally, that’s understandable. But if they’re always late, they might be trying to annoy you. Some exes enjoy wasting your time and they do it to “punish” you.

“How dare she divorce me?” these people think. “I’ll show her.”

Of course, your ex might just as well have a problem with time management. Regardless, that’s not an excuse to be constantly late for drop-offs and pickups.

Chronic Lateness Impacts You and Your Child

Your child gazes out the window as they eagerly wait for their parent to arrive. Your ex was supposed to arrive at 10, but 30 minutes later, they’re still not here. You try to assure your child that mommy still cares about them. They’re not convinced, though, and you can’t blame them.

Young children can’t understand why mom or dad is always late. It makes them sad and frustrated. They might even feel like their parent doesn’t love them anymore.

Chronic lateness affects you, too. You might be late to work or miss an important meeting because of your ex’s behavior. If your ex’s lateness is impacting your life, call a divorce and child custody attorney for guidance.

How To Handle an Ex Who’s Always Late

If your ex is fairly amicable, you can try talking to them. Simply ask why they’re always late. Maybe they have a good reason. For instance, perhaps they have a new job schedule that interferes with visitation. If this is the case, you might consider custody modification.

Mediation can also help you sort out tardiness. During mediation, you and your ex will meet with a neutral party to find a solution to their chronic lateness.

When Should You Hire a Lawyer?

If your ex doesn’t abide by your custody arrangement and no amount of talking helps, it may be time to call a divorce and custody attorney. Your lawyer can send a letter to your ex laying out the consequences of their chronic lateness.

Should that fail, your attorney can file a motion for contempt of court. A judge may give you more parenting time or fine your ex to discourage further lateness.

Is Your Ex Always Late for Custody Exchange? Contact Our Firm

Your ex may think it’s funny to annoy you by constantly showing up late, but chronic lateness is no laughing matter. If your ex refuses to show up on time, contact Karen Ann Ulmer, P.C.

For a confidential consultation with a divorce and child custody attorney, call (866) 349-4265.

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How a Child with Special Needs Can Impact Your Divorce

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You love your child and want the best for them. Your marriage may end, but you are still a parent. You need to navigate the divorce process so you start a new life in the best possible position and ensure that your child’s needs are met, too. 

You Are Not Alone 

Parents with special needs children are more likely to get divorced than other married couples, according to Psychology Today. It is estimated that: 

  • 20% of US homes have a child with a disability, special health care needs, or a chronic illness  
  • The divorce rate of married parents with a child with disabilities might reach 87% 
  • The divorce rate for those with a child who has autism is about 80% 

The challenges and disagreements that can arise when parenting a special needs child may be the reason for a divorce or just one of many that pushed the relationship over the edge. 

Things to Think About 

When you are trying to plan your post-marriage life, think about: 

  • Your child’s needs, whether they are functional, medical, psychological, educational, or social 
  • What will meeting those needs cost in time, effort, and money 
  • Who will absorb those costs, and how 

You may need the help of a life care specialist to come up with answers. If you and your spouse disagree about your child’s needs and care, an outside third party without a personal bias may help bring the two of you together on these issues. 

Child Custody 

Whether your child has special needs or not, decisions about which parent should have what kind of custody should be guided by your child’s best interests. The judge in your case is bound by law to use that standard. If the two of you agree on custody issues, the judge will ensure your plan meets that standard. If you cannot agree and the matter is litigated, that is how the judge will make a decision. 

What is your situation? 

  • With whom will the child live? 
  • How much time will they have with each parent? 
  • How stable will each parent’s household be? 
  • Are both parents up to the task of caring for the child equally?  
  • Is one in a better position to provide care most of the time? 
  • If one parent is unwilling or unable to handle the child’s needs, is the other equipped to be the exclusive caregiver? 
  • How involved will the extended families of each parent be in helping with your child? Will one be alone, while the other will benefit from family members playing active, supporting roles? 

If you have another child without special needs, what custody arrangement is best for them? 

Child Support 

The state’s child support formula does not account for the additional financial burdens of parenting a child with special needs, including specialized care, equipment, enhanced nutrition, or accessible housing. But a judge may order a non-custodial parent to pay more than the guideline indicates if the circumstances call for it. 

Typically, the obligation to pay child support ends when the child reaches the age of majority (18) or graduates from college. But if a child with special needs requires caregiving for an extended period, if not the foreseeable future, that may be extended.  

Depending on the extent of a child’s disabilities, they may qualify for government benefits (including paying for custodial and medical care), help in finding employment, and independent living. The parents must do their best to get as much help as possible for as long as possible.  

The parent receiving child support should not expect the payor to pick up the tab for services that may be free or at a reduced cost, thanks to government or charitable programs. 

Get the Help You Need from an Attorney You Can Trust   

If you are thinking about getting divorced or have decided it is the next step, call us at (215) 608-1867. We can discuss your situation over the phone, via a teleconference, or meet in our Langhorne or Doylestown office.   

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Stepchild Custody Issues

When divorcing, stepparents are often conflicted about maintaining a relationship with their stepchildren. If you have known your stepchildren for a long time and/or were a significant part of their lives, you may want to continue those relationships after the divorce.  

Does a divorce end a spouse’s role in raising a stepchild? Not necessarily. Although uncommon, a judge may order a stepparent to have custody of a child after a divorce if they find it is in the child’s best interest. A judge can also order that a stepparent have visitation with a stepchild to maintain the relationship.  

Who Qualifies as a Stepchild? 

A stepchild is your spouse’s child by a former partner. So if you marry, and your new spouse already has a child, you are a stepparent.   

What is Child Custody? 

Child custody gives a person certain rights concerning a child. The adults involved can agree to a custody arrangement (which needs a judge’s approval), or the issue can be litigated. There are two different types of custody:  

  • Physical: The adult’s right to have the child spend time or live with them. This custody could be sole (one person has full custody), primary (the child lives primarily with you), shared, or partial (also known as visitation rights). 
  • Legal: This allows the adult to make essential decisions for a child. This can include medical, educational, religious, legal, and other issues impacting the child’s well-being. There is either sole or shared legal custody.

A judge’s primary concern when deciding who should have what kind of custody is what is in the child’s best interests. State statute lists 16 factors a judge may consider when deciding this issue, and they are free to consider others depending on the case’s facts. 

These types of cases are filed by unmarried couples, or married couples separating or divorcing. 

Could a Stepparent Have Custody of a Stepchild After Divorcing the Child’s Parent? 

If there is a custody dispute between a parent and a nonparent, the law presumes the parent should get custody. This presumption can be rebutted by clear and convincing evidence. For instance, if the parent (s) have a serious substance abuse issue (alcoholism, drugs, or other addiction), have neglected the child in some way, or are not able to care for the child, then a stepparent may obtain custody.  

You may be awarded custody depending on your involvement in the child’s life. If you stand in loco parentis (in place of the parent) for the child, you can seek custody rights. This legal status occurs if you help raise the child without a formal adoption, and a biological parent is not part of their life.  

A judge may consider:  

  • How long you have acted in loco parentis 
  • Your level of parenting involvement 
  • How independent you are when acting as a parent 
  • The child’s emotional dependence on you and whether the child sees you as a parent 

Judges have wide latitude, but not total discretion, when making these decisions. 

Can a Divorcing Stepparent Who Adopted Their Stepchild Get Child Custody Rights? 

If you formally adopted your stepchild, you are then their legal parent. As such, you have the same rights and obligations as a biological parent, so you can seek custody of the child if you are divorcing or separating from your spouse. Adoption of a stepchild is a common practice. It usually happens when both biological parents consent. It may also occur if a court involuntarily terminates a parent’s parental rights. 

Adoption empowers a stepparent to make legal and medical decisions concerning a stepchild. You would be legally obligated to care for a child if your spouse becomes incapacitated or dies. Adoption also puts you in a stronger position to seek child custody rights if the marriage ends in a divorce. 

Child Custody Lawyers You Can Trust   

Whether you are a stepparent seeking child custody rights or a parent who wants to prevent that from happening, Karen Ann Ulmer, P.C. lawyers may be able to help you reach your goals. If you have questions about child custody or need legal representation, call us at (215) 752-6200 today.  

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Pennsylvania Child Support Basics

The state’s child support laws create a system in which parents are obligated to support their own children. This requirement includes daily living expenses, including healthcare and daycare.   

Usually, one parent is the primary caregiver, and the other pays to help with the child’s needs. The money is not for the custodial parent’s benefit. It is to be spent on the child.  

Child support is also an issue during divorce proceedings when the spouses have a child. It could be one of many issues that must be resolved before the divorce is final. If the parents are living apart, a child support agreement or order can go into effect while the parents are still married. 

How Do I Start the Process? 

Child support can be arranged in several ways. Parents can agree on support and ask a judge to approve the agreement through a support order in a divorce or other family law proceeding. Most cases start when a parent completes an Application for Child Support and submits it to their local Bureau of Child Support Enforcement (BCSE) office. If your case involves other circumstances, we can help you work with BCSE to:   

  • Find a noncustodial parent 
  • Establish paternity if the child is born outside of marriage 
  • Establish support obligations 
  • Collect and distribute support 
  • Enforce support obligations 

What are Bucks County Child Support Payments Based On? 

Support is based on the reasonable: 

  • Needs of the child  
  • The ability of the non-custodial parent to pay 

The Pennsylvania Supreme Court creates support guidelines and should be the basis of any agreement. Judges also use them to develop a figure if no deal is reached. Guidelines are driven by the parents’ monthly income. Both parents may be ordered to pay support for a child not in their care. 

The most essential factors in the guideline include: 

  • The parents’ incomes 
  • Daycare costs 
  • Health insurance expenses 
  • The number of minor children of each parent 
  • Social Security benefits a child may receive 
  • The child’s living arrangements 

A judge will review the support amount at least every four years. After an order has been signed, if changed circumstances justify it, a parent can ask that the amount be increased or decreased. 

How Can Support Be Spent? 

Support can pay for: 

  • Food 
  • Clothing 
  • Shelter 
  • Medical insurance 
  • Medical expenses 
  • Education expenses 
  • Child care 
  • Visitation travel costs 
  • Extracurricular activities 

Child support obligations continue until the child is 18 or graduates high school. Child support payments may continue if they have special needs or continue their education. 

How are Child Support Orders Enforced? 

When a non-custodial parent does not pay the full support amount on time, they violate a court order and may face serious consequences. The receiving parent could file a court action to enforce the order, with or without an attorney’s help.  It is not wise to ignore a support order.  

A parent could also request help from BCSE, which can enforce child support orders by pursuing unpaid amounts on your child’s behalf. Typically, there is a small fee to start a case. BCSE has several enforcement tools at its disposal.  

Which approach is right for you depends on your circumstances. If child support is one of several matters we help you with, it makes sense for us to handle this issue, too. If you do not have money to spend on an attorney, BCSE is a good choice. 

We Can Help You Achieve Your Child Support Goals  

Karen Ann Ulmer, P.C., lawyers believe that, unless there is an agreement, parents should not receive less child support or pay more than the law requires. Whether you pay or receive child support, if you have questions about it or need legal representation, book a 15-minute consultation by filling out our online form.  

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Bucks County Custody Dispute? Help Yourself and Your Children Through the Process

Unless there is a serious issue, you will be sharing child custody with your co-parent in some way. This is not a problem for most parents because there is still some goodwill with the other parent. If you and your ex do not get along, you must find your way to peace.  A peaceful (or at least non-fighting) relationship will help you and your children navigate life after the divorce is over.  

What is Child Custody? 

Pennsylvania has two types of child custody: legal and physical. Legal custody is your ability to make important decisions concerning your child. They could concern education, healthcare, or religious upbringing. Courts award sole or shared legal custody (the more common arrangement).

Physical custody is the right to have your child live or be with you. There are different types of physical custody: 

  • Sole: One parent has exclusive physical custody.  
  • Primary: The child mostly lives with one parent, and generally, the other parent gets partial or supervised custody. 
  • Shared: The child spends roughly the same time with each parent. 
  • Partial: The child spends less than half the time with a parent. 
  • Supervised physical custody: A third party must be present for all visits between a parent and their child. This may happen if the parent has psychological or substance abuse problems. If this goes well, the parent may next get partial, unsupervised physical custody. 

The law encourages custody arrangements where both parents are part of a child’s life as long as it is in his or her best interest. 

How Do Child Custody Cases Proceed? 

Child custody disputes can become very emotional and heated. A parent may be angry about the relationship’s breakup and try to punish the other by trying to prevent or limit their child custody rights. 

This can actually hurt your chances of a favorable custody outcome. A parent’s willingness to share custody is often a factor in their favor when a judge decides who should get what kind of custody. The more you want it all to yourself (without justification), the more you harm your case. 

Like all family law disputes, child custody cases are overwhelmingly resolved through negotiation. Some cases take longer to resolve than others, the emotional sparks fly more in some more than others, and sometimes mediation helps the parties reach a resolution.  

But no matter how you cut it, nearly all child custody disputes are solved through negotiations. Chances are yours will, too, so why not give it a good faith, honest effort? 

Why Should You Negotiate Your Child Custody Dispute? 

There are many benefits to this approach: 

  • A court battle can strain even the most positive relationships between parents. Although negotiations can be stressful, they allow parents to maintain open lines of communication, fostering a cooperative environment that is crucial for co-parenting. 
  • Negotiation empowers parents to prioritize their children’s needs. A judge will not have an intimate knowledge of the family dynamics that parents possess. Through negotiation, parents can craft a custody agreement that accommodates their child’s unique needs, preferences, and routines resulting in a more tailored arrangement. 
  • Child custody battles can be emotionally draining for all parties involved, especially the child. Negotiating a settlement outside of the courtroom can mitigate the emotional toll. This approach tends to be less confrontational and reduces the stress for both parents and children. 
  • Legal proceedings can be expensive. Negotiation is usually a more cost-effective option than prolonged court battles. Parents can shorten the process, saving themselves time, energy, grief, and legal fees.

Do not leave it to a judge. It never works out quite how you think it will. Why do more parents negotiate child custody settlements than use litigation to resolve the issue? The benefits outweigh the costs. 

Child Custody Attorneys You Can Trust 

Karen Ann Ulmer, P.C. attorneys will work with you to negotiate a resolution to help you achieve your goals, protect your rights, and serve your child’s best interests. If you have questions about custody issues or need legal representation, call us at (215) 752-6200 today. 

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Visitation Can Be Supervised If It is in the Best Interests of the Child

A parent would need to have severe problems for a judge in Pennsylvania to order they should have no contact with their child. A more common situation for parents with a criminal record or severe emotional, psychological, or substance abuse challenges is having supervised visitation (or supervised physical custody) during which the parent and child are never alone. 

What is Supervised Visitation or Custody? 

There are many types of custody in Pennsylvania: 

  • Legal custody: The right to make major decisions on behalf of the child, including medical, religious, and educational issues. The parents can share it, or one will have legal custody.
  • Physical custody: The physical possession and control of a child. This could be by one parent (sole physical custody), or it can be shared between the parents. A parent with primary physical custody will have the child with them most of the time, while the other parent will have partial physical custody. 

Supervised physical custody means that either through a court order or an agreement reached by the parents, an agency or an adult monitors the interaction between the parent and child during visits. If a judge believes the child will not be safe when alone with the parent, they may order supervised physical custody.  

Why Would This Be Ordered? 

Custody decisions should be based on the child’s best interests, not what one or both parents want. In these cases, the court balances the importance of the parent having time with the child with the child’s well-being and best interests. 

Pennsylvania law presumes it is in the child’s best interests to have a relationship with both parents. But that has its limits. If the parent’s problems are such that they would harm the child or the parent is indifferent to them, a judge could order that the parent have no custodial rights. Common reasons include: 

  • Domestic violence  
  • Child neglect  
  • Substance abuse  
  • Unmanaged or poorly managed mental illness 
  • Criminal acts  

If the parent’s situation is not as severe and he or she wants to be part of the child’s life, a judge may order supervised parenting time rather than revoking a parent’s custody rights.  

How Would Supervised Physical Custody Work?  

A court order may specify that a particular person be present during this supervised time, such as an extended family member or friend trusted by both parents. If there is no such person, or a judge is uncomfortable with that arrangement, they may decide that a qualified professional supervisor must be present. The setting will be safe for the child, whether at the parent’s home or at a location where there is room for these types of visits. 

If you are the parent wanting to limit your child’s time with the other parent, ending custody rights is a drastic step few judges want to take. Unless the other parent is legitimately a danger to your child, you should be open to supervised physical custody. 

If you are a parent facing challenges in your life, you can still seek custody. If you struggle with being with your child alone, accepting supervised visits may be a good choice. In the meantime, you should actively address your problems and take steps to show you will be a responsible parent. 

A custody order can be amended if one parent shows that circumstances have changed. If the supervised parent: 

  • Does not show up, is intoxicated, is still struggling with psychological problems, or says or does inappropriate things during visits, a judge may end their custody rights. 
  • Is under control, appropriately dressed, actively engaged with the child, and appears to be heading in the right direction, a judge may allow future unsupervised visits. 

Supervised physical custody can be a turning point in the child’s relationship with the parent. Which direction it goes depends on how the supervised parent responds. 

Child Custody Lawyers You Can Trust  

Karen Ann Ulmer, P.C. lawyers are skilled in developing compelling legal arguments and evidence that judges need to make wise child custody decisions. If you have questions about supervised visitation or need legal representation, call us at (215) 752-6200 today. 

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