During a Pennsylvania divorce, child custody decisions are made based on suggested parenting plans, the child’s best interests and the risk of child abuse.
For many divorcing parents, maintaining parental responsibilities, time with their children and strong parent-child relationships after the divorce ends is a top priority. As a result, the determination of child custody arrangements poses a significant source of concern for most separating parents in Berwyn. To prepare for this process, parents can benefit from first understanding how these arrangements are decided under Pennsylvania law.
Guardians’ own plans
Parents in Pennsylvania have the right to collaboratively draft their own parenting plans and submit them for court approval. Parents also have the option of submitting separate plans. A family law judge may choose to approve one of these parenting plans as it is, provided that it supports the best interests of the child. Otherwise, the judge may make modifications to ensure that the final arrangement is optimal for the child.
Child’s best interests
When family law judges in Pennsylvania award custody, their top priority is finding an arrangement that honors the best interests of the child. Under state law, judges must consider several factors to determine whether a plan is in a child’s best interests, including:
- Each spouse’s regular parental duties and ability to meet the child’s various needs
- The likelihood that a parent will support or impede the child’s relationship with the other parent
- The preferences of the child, assuming that he or she has the maturity and judgment to make this decision
- The level of stability or continuity that a given arrangement would provide for the child
- The availability of each parent, the proximity of their residences and the ability of both parents to work together cooperatively
- Any lifestyle habits either parent engages in that may be detrimental to the child
Family law judges may also consider any other factor that they deem relevant, aside from each spouse’s gender, when deciding which arrangement is best for a child.
Risk of abuse
Family law judges may also evaluate the potential for child abuse or mistreatment when awarding custody. A judge may limit a parent’s custody rights based on reports of abuse or domestic violence, past criminal convictions and other potential warning signs. A judge also may consider whether one parent is engaging in actions that would normally be considered detrimental, such as keeping the child away from the other parent, due to fears of abuse. If so, the judge may not view these actions as harmful to the child.
If one spouse reports domestic violence or child abuse and files for a protection order, the order may temporarily address the issue of child custody arrangements. A temporary order can restrict one parent’s right to full or partial custody, along with unsupervised visitation. This is true regardless of whether the order is obtained during the divorce process or afterward, when a working custody arrangement is already in place.
Addressing other questions
The determination of child custody can be a complex issue in Pennsylvania, given the state’s laws and the many factors that can affect the final outcome. Considering this, divorcing parents who intend to seek custody may benefit from consulting with an attorney. An attorney may be able to help a person create a reasonable parenting plan or present his or her case more effectively before a family law judge.
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