Posts

Your Child’s School District

If you are separated from your child’s other parent and do not reside in the same school district, you need to have a discussion as to which school your child will attend. Selecting a school district is an example of an education decision that should be discussed in the context of shared legal custody. Custody […]

Can custodial parents in Pennsylvania move across state lines?

A parent who has joint or sole custody of a child may be able to move after attaining permission from the other parent or a judge. Learn more about parental relocation approval

Child’s Opinion in Custody

Any custody award in Pennsylvania is to be based on the best interests of the child. Section 5328 of the Domestic Relations statue lays out 15 factors to be considered when awarding custody in addition to any relevant factor. One of enumerated factors is “the well-reasoned preference of the child, based on the child’s maturity […]

Improper Custody Relocation

23 PA C.S. 5337 is Pennsylvania’s custody relocation statute which requires any party seeking to move with minor children to get court approval or the other parent’s permission prior to the relocation. A relocation is defined as any move that would “significantly impair the ability of the nonrelocating party to exercise custodial rights.” A move […]

Custody Relocation

Parties should be aware of court requirements prior to moving with minor children. A local move may not require any additional steps to be taken other than just providing the new address to the other parent. If the move is of a significant distance and could impact the existing custody schedule additional steps must be […]

Steps for Custody Relocation

Section 5337 of the Domestic Relations statutes sets out the procedures and standards for relocation requests. All parties to a custody action are required to follow the procedures outlined in Section 5337 if they are moving to a distance which would make any existing custody arrangements difficult or impossible to follow. E.D. v. M.P., 2011 […]

Passports for Children

Every person, regardless of age, must have a passport to travel out of the country. Initial passport applications for children under sixteen (16) years of age must be made in person. Both parents of the child should be present. If one of the parents cannot be physically present, they may complete a parental consent form […]

Bringing Children to Court

One of the factors for consideration in determining what is in the best interests of the child for a custody award is the preference of the child. It is common for the opinion of the child to be sought in the course of a custody evaluation. There is also the possibility that a child will […]

Criminal Background

Certain criminal charges are relevant in family law cases. Pennsylvania law requires parties to submit a criminal history verification in every custody proceedings. Under 23 Pa CS 5329, the court is to consider criminal convictions, not just official charges, when making a custody decision. Charges for the following crimes must be disclosed: homicide, aggravated assault, […]

Counseling for Children

Counseling may be a useful resource for children dealing with changes in family status due to divorce or separation. It can serve as a safe place for children to discuss and process their feelings. It is not uncommon for children to be reluctant to discuss their feelings with their parents. Both parents will need to […]