Tag Archive for: legal custody

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 orders address both physical custody, which is the schedule parties follow, as well as legal custody, which is who makes important decisions for the child(ren). If the parties ultimately cannot agree on a school district, the court could intervene to make the final determination. Other decisions parents should consult with one another on include healthcare and religion.

The potential for a different school district may also arise in the context of a custody relocation. 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 non-relocating party to exercise custodial rights.” Prior to the relocation, the party seeking to move must give notice via certified mail to the other parent and said notice should include the proposed new school district.

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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 instead. This form must be notarized and a copy of the parent’s ID must accompany the form. There are exceptions to the requirement of the consent of both parents including court order or proof of sole custody. Additionally, there is an application to obtain passport without the other parent on the basis of exigent circumstances and the unavailability of the other parent. You can visit the U.S. Department of State website for additional details on the requirements to obtain a passport at travel.state.gov.

If you are a single parent you should make sure your custody agreement is clear about where the children can travel. A good custody order will dictate that international travel may only be by written consent of both parties or court order. Parents should pay attention to which country the other parent intends to travel to with the child and whether that country belongs to the Hague Convention on Civil Aspects of International Child Abduction and would recognize a U.S. custody order if necessary. Additionally, all details of the itinerary and contact information for the child while away should be provided in advance. The Department of State also handles international child abduction if you encounter a custody problem while your child is out of the country.

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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 agree to counseling unless one parent has sole legal custody. A parent can petition the court for an Order regarding counseling if they believe it is necessary and they are unable to get the other parent’s consent.

Family counseling may serve to repair a relationship between a parent and child that has been damaged. It may also prove useful where a parent is looking to rebuild a relationship after a period of missed time with the child. Also known as reunification counseling, its goal is to reintroduce and/or reinforce the relationship between a parent and their child. Reunification counseling can be viewed as a more collaborative approach to re-establishing a relationship as opposed to just having the court force certain periods of visitation when the child may not be willing or emotionally ready. This is especially true when dealing with teenagers. It is the role of the reunification therapist to facilitate the process with the end goal of repairing the relationship going forward. If you are facing a high conflict divorce or separation or have been inactive in your child’s life for a certain period of time and feel you may need help rebuilding the relationship, consider counseling as an option.

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Back to School – Custody

Fall is on its way and the school year has begun. Now is a good time to review your custody agreement to ensure a smooth school year. Your schedule may have changed from the summer and you should make sure you and your children are familiar with the new schedule. If you have shared legal custody, you will need to consult with the other parent regarding any decisions concerning the children’s schools. If you have sole legal custody, you may still be under an obligation to keep the other parent informed and should refer to your custody order to double-check. It is generally a good idea to have a consensus about extracurricular activities for the children as well. If practices and games will occur on the other parent’s custodial time, you will need their cooperation in getting the children to their events.

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Decisions regarding healthcare should also be made with both parent’s involvement in a shared legal custody scenario. Physicals are often needed for participation in sports and both parents should be made aware of any scheduled doctor’s appointments. Ideally, both parents should be able to attend the children’s school events, such as back-to-school night, concerts, games, etc., however, if it there is a lot of discourse between the parents you should plan ahead as to which parent will attend which events to avoid unnecessary confrontation. It is a good idea to give your children’s school a copy of the custody agreement if you anticipate any issues with the other parent, such as trying to pick the child up from school if they are not authorized to do so.

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