Archives for March 2018

In 2016, the divorce rate was 3.2 per 1,000 people. While this was down from 4.0 in 2000, divorce still affects millions of families. If you’re a parent who’s going through a separation, it will be important to know the difference between physical and legal custody.

What Is Legal Custody?

If a parent has legal custody of a child, he or she has the ability to make important life decisions on that child’s behalf. These decisions could relate to everything from health care to religious beliefs. Parents with legal custody may also have a say in how their child is educated or disciplined.

What Is Physical Custody?

When a parent has physical custody, it means that the child lives with him or her the majority of the time. It is important to note that the noncustodial parent may still have the right to see or otherwise interact with the child. The child might also spend time at the other parent’s home either during the day or overnight as part of a visitation schedule.

Can Parents Have One Type of Custody Without the Other?

Yes, it is possible that a parent will obtain legal custody rights to a child without having physical custody rights. In a custody case, courts strive to make rulings that are in the best interests of the child. Depending on where the parents live or their work schedules, it might not be feasible for both to have physical custody of the child. However, such rulings may not preclude a parent from being granted legal custody if he or she has the ability to remain actively involved in a child’s life.

Can Parents Share Custody of Their Children?

Depending on the details of a case, it is possible for parents to share both legal and physical custody of their kids. It is also possible that a parent could have sole legal custody while sharing physical custody of a child. In some cases, the parents themselves will decide that one parent is better suited to make decisions for the child even when both are fit to be around the son or daughter. The final agreement will likely come down to the unique circumstances of the family involved.

Who Decides How Custody Matters Are Resolved?

In some cases, the parents themselves will decide how to divide custody of their children. This is determined as part of an overall parenting plan that will both work for them and be in the best interest of the child. However, if they are not able to come to an agreement on their own, a judge will make a ruling. Typically, parents are asked to resolve their differences through mediation or arbitration before asking a judge to make a ruling. A collaborative approach is generally a better option for parents as it will ultimately provide them greater control over the final outcome.

Can Custody Agreements Change Over Time?

It is possible that a custody agreement will change over time. For example, this could happen if one parent has to move to another town or state for a job opportunity or relocate closer to family members. A custody arrangement could also change when the child gets older and is better able to express his or her own living preferences. If a parent is given limited custody rights because of a criminal history or other factors deemed problematic by a court, he or she could gain expanded rights by overcoming those concerns.

The Law Prefers Both Parents Being in a Child’s Life

Assuming that neither parent is a danger to the child, both parents are presumed to play a role in that child’s life. This is because most children grow up to be better adjusted and ready for adulthood when they have two parents in their lives. Such an arrangement is generally created even if the parents don’t get along or would rather have custody or other rights to themselves. A judge or other neutral party may work with the parents to help them overcome their own problems for the sake of being good role models for their children. For the most part, families benefit from a smoother legal process.

If you are looking for a child custody lawyer in Jenkintown, contact our office by calling (215)-886-1266 or by filling out the form on our website. We’re prepared to help you through the process of determining custody rights and visitation schedules.

According to one study by Pew Research Center, fewer than a quarter of fathers who do not live with their children see them more often than once per week. While it is still more common in divorces for mothers to get physical custody and for fathers to have visitation rights, both mothers and fathers who are not the custodial parent may have limited time with their children.

Under Pennsylvania law, “partial physical custody” refers to what some parents might think of as visitation rights. A parent who has partial physical custody has less than a majority of time with the child. The parent who is granted partial physical custody after a divorce may be concerned about maintaining a relationship with the child. However, having less time with the child does not necessarily mean that the relationship between parent and child has to suffer.

There are a number of reasons parents might arrive at a custody agreement that involves one having partial physical custody instead of shared physical custody. If the divorce was through a process of collaborative law, both parents may have reached the conclusion that this arrangement would be in the best interests of the child. For example, one parent may have already been the child’s primary caregiver while the other parent might have worked long hours. Although the arrangement may be difficult for the parent with partial physical custody, that parent might also agree that a custody battle would not serve the child’s best interests.

Best Practices for Making Co-parenting Work

Some of the guidelines for building and maintaining a good relationship with the child are no different from what they might be if the parents shared physical custody. For example, parents should try to work out an agreement with one another that includes consistent rules between households. They should not involve children in their disputes, question the child about the other parent, or badmouth the other parent in front of the child. Instead, each parent should encourage the other’s relationship with the child.

However, a parent with partial custody might face additional challenges that a parent with shared custody might not. The parent may only have alternate weekends and perhaps one weeknight per week with the child. This could cause both parent and child to feel as though the parent is losing touch with the day-to-day aspects of the child’s life.

Tips for the Parent With Partial Physical Custody

Of course, there is no such thing as an actual “part-time parent.” You are always a parent even when you are not physically with your child, but if you are concerned about the quality of your parent-child relationship, these guidelines can help.

• Be on time. It seems obvious, but failing to keep to schedules is an ongoing issue in many post-divorce parenting relationships. Your reliability shows your child that you care.
• Don’t always aim to be the “fun” parent. In an effort to make sure your limited time with your child is quality, you might want to plan a special fun activity for every visit. However, the steady, routine activities are just as important: homework help, making dinner, talking about the school day.
• Show up. This is important not just for scheduled visitation times, but also for games or performances your child is in, parent/teacher meetings, and medical appointments. Look into revising your custody agreement if you are being shut out of these activities.

The Challenge of Blended Families

If you remarry and have more children, it is important that the children from your previous relationship do not feel that they are being erased. This is particularly important if you only have partial custody. There are a few ways to help ensure that this is not the case.

• Make sure you set aside individual time to spend with your children from the previous relationship.
• Do not treat your children from the previous marriage differently than the children from your present marriage. Be sure your current spouse is on board with this as well.
• Work on creating new family traditions that involve all of you.

If you are headed into a divorce and you have children, you may feel anxious about their well-being and what custody arrangements are going to look like. You can contact us at the Law Office of Joanne Kleiner & Associates in Philadelphia at 215-886-1266 for a consultation.