Tag Archive for: joint custody

What is Joint Physical Custody?

If you are a divorced or separated parent, you probably share physical custody of your child or children. This means you are with your child physically, spend time with them, and supervise your child. The law presumes a child is better off spending time with both their parents, though custody rights can be limited depending on the situation. 

What is Custody? 

There are two types: 

  • Legal custody gives the adult the right to make important decisions for the child. This covers essential issues like medical care, legal issues, education, and religious practices or beliefs. 
  • Physical custody refers to who is physically with and overseeing the child.

One person has sole legal custody of a child, or it is shared. Physical custody is: 

  • Sole: One person has these rights, and the child spends their time with them. 
  • Joint or Shared: Normally, two people have these rights. The child spends about half their time with each. 
  • Primary: The child spends most of their time with one adult. 
  • Partial: The child spends some time with this person, the rest with the party having primary physical custody. 

If the parties cannot agree on who should have physical custody and what type, the issue can be litigated, and a judge will decide the issue based on the child’s best interests. If there is an agreement, the judge will review and possibly reject it based on the same standard. 

How Does Joint Physical Custody Work? 

In most cases, the ideal joint physical custody arrangement will be for the child to spend the same time with each parent or close to it. Practical realities often stand in the way of that perfect outcome, such as: 

  • The distance between the parents’ homes 
  • Where the child attends school 
  • The parents’ work schedules 
  • The child’s after-school activities and schedule 

To try to deal with these limitations, the parties should come up with a parenting time plan (which is submitted to the court as part of the custody process). Parenting time is the time a parent spends with a child. The plan maps out which parent will spend what time with the child. The parties should look at their situations and develop the best plan possible. They should try it, and if it is not workable, be flexible enough to adjust it. 

What are Our Options? 

A common approach is a 2, 2, 3 schedule. One parent has the child Monday and Tuesday nights, the other has Wednesday and Thursday nights, and the parents alternate weekly for Friday through Sunday. This presumes the child is too young for school, or the parents’ homes are close enough for the child to attend the same school, and neither parent works nights or weekends. 

Another way to share physical custody is to find a way to equally split time by the child being with one parent during the school year, weekends are shared between the two parents, holidays are split, and the other parent has the child when school is not in session. This approach is more practical if the parents do not live in the same area. 

This is not about a child punching a clock, so they are with a parent precisely half the time. The focus should not be on an equal quantity of time, but on maximizing the quality of time the child has with each parent, given everyone’s schedules and commitments. 

Child Custody Lawyers You Can Trust   

If you have questions about physical custody or want legal representation in a custody matter, call Karen Ann Ulmer, P.C., at (215) 752-6200 today.

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All Parenting Plans Are Not Equal

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By Marsha Kline Pruett

Parenting plans are about each parent’s desire for access to his or her children and an opportunity to be involved in the activities and responsibilities of parenting. The plans are all about time – how much and when.

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How To Share

Source: Family Advocate, Vol. 33

Over the past couple of decades, we have become increasingly aware that children benefit from having both parents involved in their lives.

 

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Divorced and Taking Your Children Out of the Country – PA Law

If you have joint custody of any children under 16, both parents must consent before taking them out of the country.

If your child does not already own a passport, Pennsylvania law requires that both parents must appear in person and provide proof of parentage to apply for the passport. In the case of divorce, a single parent may apply for the passport if he or she presents evidence of having sole legal custody or a court order permitting international travel with the children.

With joint custody, one parent has the right to oppose major decisions that pertain to the child, and this would include travel abroad, even if the child under 16 already owns a passport. If you are the one wishing to travel abroad with your child, you must obtain the written consent of your ex-spouse. This consent must be written in a manner that will be accepted at airports. If your ex is uncooperative, you may apply to the court to receive permission, but this can take time, and filing incorrectly can extend that timeframe. Whether you receive written consent or apply to the court, be sure to review your situation with an experienced family lawyer.

If your ex is trying to take your child overseas and you want to prevent it, you have the right to apply to the court to stop the travel. If your ex takes the child without your consent, you may file an international child abduction case with the U.S. State Department. But you want to avoid this since it is a long and difficult process.

One way to avoid an international abduction case is to file for a Ne Exeat bond (Latin for “that he not depart”). This bond requires the traveling parent to specify location and duration, provide contact information, and put up sufficient bond to cover the cost the non-traveling spouse would incur to try to get the child back.

Additionally, per PA law, a parent who owes $2,500 or more in child support is not eligible to receive a U.S. passport. You can also utilize the U.S. Department of State’s Children’s Passport Issuance Alert Program to flag any attempt to get a passport for your child with a fake consent form.

 

Traveling outside of the country with a child after divorce or separation requires many legal steps but can be done in a way that gives the child a positive experience while protecting the child and the rights of the parents. Given the many Pennsylvania and federal laws governing international travel with minors, we recommend that you reach out to us at Ulmer Law so that we can guide you through the process.

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Pennsylvania divorce: Helping the kids adjust to the changes

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Parents cannot eradicate the upheaval and upset their divorce may cause their kids, but there are things they can do to help them cope.

The Pennsylvania Department of Health reports that 33,749 couples across the state got divorced or had their marriages annulled in 2016 alone. While the breakup of a marriage may be trying for the adults involved, divorce may be particularly upsetting for the children. Although parents cannot completely alleviate the upset that the end of their marriage may cause their children, there are things they can do to help them adjust to this type of major life change.

Allow children their reactions

Not all children react in the same way or in the same timeframe to the news that their parents are getting divorced. Some may initially express feelings of anger or sadness, while others may seem ambivalent and instead only show concern for how the split will affect their day-to-day lives. This may include asking who they will live with, whether they will have to change schools and how the parenting-time schedule will work. It is important that parents reassure their kids that their feelings are normal, and encourage them to share their emotions as openly as possible.

Consistency, consistency, consistency

Their parents’ marriage coming to an end may make some children feel as though their worlds have been turned upside down. While they may not be aware of it themselves, this may cause them to crave and need structure even more than normal. As such, it is suggested that parents try to maintain their children’s routines as much as possible during and after a divorce. Additionally, they should attempt to keep the same rules in both parents’ homes and stick to them. Relaxing the rules or completely altering kids’ schedules may lead to insecurities, and inhibit, rather than support, their coping and adjustment to the changes.

Keep the kids out of adult matters

As parents work through the issues that must be settled during a divorce, it may lead to adult discussions or arguments. While this is to be expected, it may cause problems for children’s adjustment if it takes place in front of them. Thus, parents are advised to talk about difficult matters, like child support or alimony, over the phone or when their kids are not around. Further, it is recommended that people refrain from talking badly about their exes in front of their children, asking their kids for information about their other parents or otherwise using their children against their former spouses.

Ask for help

Given time and the support they need, many children rebound from their parents’ divorce and move forward. In some cases, however, kids may need additional help dealing with their feelings and the changes. Should children show signs of distress or seem to otherwise be struggling to cope, parents may consider using the services of a professional, such as their kids’ pediatrician or a counselor. It may also be helpful for people to clue their children’s teachers in to what is going on so that they can aid in monitoring how they are adjusting.

Without contention or complications, Pennsylvania divorces may be challenging enough for families to get through and move on from. However, when the process is drawn out, it may be even more traumatizing for those involved and cause lasting fractures within the family. Therefore, those who are considering a divorce or whose spouses have already filed may find it of benefit to consult with an attorney. A lawyer may not only explain their options and the legal process, but also aid them in negotiating and resolving their cases.

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