Yes, but only in special cases. Non-parents, such as aunts, uncles or friends, can seek custody from a parent if they have raised the child. If the child is dependent (neglected, abandoned, or without adequate care or control), a court may transfer custody of the child to a facility such as Child and Youth Services or, in some cases, to a non-parent. A Pennsylvania court may require parents to follow counsel before granting custody. The court may take into account the advice of the counsellors when deciding whether to grant joint or sole custody. Under custody laws, the court takes into account that grandparents (including great-grandparents in certain circumstances) may apply for supervised or partial custody. Before or after a hearing, the judge may require the parents and the child to attend counselling sessions to try to reach an agreement. The judge may take the consultant`s report into account when making a decision. Often, divorcing parties also face custody and child support issues. In Pennsylvania, each of these issues is dealt with separately by the courts.
If the parties are able to reach a comprehensive agreement on all these issues, it is permissible to prepare a document recalling the agreement between the parties that deals with all issues. If the parties fail to reach an agreement, a formal legal dispute could take place in each area. If you are looking for the best duty counsel in PENNSYLVANIA, we can help. A person applying for child support must apply for it in divorce proceedings before the court finally grants the divorce. If you don`t, you can never come back and ask the court to order it. After maintenance is granted, a person loses the right to continue receiving it if he or she remarries or lives as husband and wife with a person of the opposite sex. In some cases, a third party or a person other than a child`s biological parents will seek custody of a child. Pennsylvania allows one or both grandparents to receive partial custody of a grandchild or access if one of the child`s parents dies. The child must have lived with the grandparents for more than one year and there must be no dispute between the grandparent and the child`s parents. Finally, there is the issue of custody.
In Pennsylvania, custodial actions can be brought as completely separate divorce or alimony proceedings. This is a great contrast with other states. Finally, there is maintenance. This is what most people think of when considering support obligations to an ex-spouse. Support is a support order issued after the divorce decree. The application for maintenance must be made before the registration of the divorce decree, otherwise it will be waived. If the court makes a divorce decree, the order may include other issues if they were raised by one of the spouses in the proceedings. This includes the disposition of matrimonial property and other property interests; custody and visitation of children; family allowances; maintenance; Attorneys` fees and expenses; and the execution of agreements entered into voluntarily by the parties. When it comes to dividing property according to a divorce lawsuit, Pennsylvania is a state of equitable distribution.
In order to determine the distribution of property, the court takes into account several factors such as the duration of the marriage, the age and state of health of the parties, the earning potential of the parties, etc. It is necessary to determine what property is matrimonial between the parties. If an applicant files for divorce through no fault of his or her own, whether by consent or without consent, the defendant may prevent the divorce from being granted by proving that the parties did not live separately and separately for at least one year, or that the marriage was not irretrievably broken. There are no specific laws that indicate the age of a child. Judges may take into account the child`s desire because of his maturity and ability to reason. As we wrote in more detail about it: “In a custody trial, a child has a vote, but no choice.” * Humiliation is used as a ground for divorce and advice is sought from both people; * Either a faultless floor is used and advice is sought from one of the two people; and * In some cases where there are children from the marriage under the age of 16, IF the PARENTS do not live together, their most difficult and serious disagreements often affect their children. It is generally preferable for parents and children if the parents themselves can agree on custody and visits, without involving lawyers and courts. It is important for parents to remember that their problems are not the fault of their children.
When trying to resolve a custody disagreement, the most important thing parents need to keep in mind is the best thing about children. As always, the court will make its decision based on the best interests of the child. If there is no custody, both parents have the same custody and can legally take possession of the child at any time. However, you can be charged with abducting the child without the consent of the other parent in court if it was not appropriate. If the other parent takes the child and is unwilling to return it, you can file an application for custody and ask the judge to order the child`s return. The important difference between Pendente Lite support and spousal support is that it defends the spouse`s right to spousal support. These objections are the same as the grounds for fault for divorce. If one of these reasons can be proved, the dependent spouse is not entitled to maintenance. There are three types of spousal support in Pennsylvania, depending on the stage of your divorce process: Courts emphasize the willingness of parents to allow and encourage frequent and ongoing contact between non-custodial parents and the child. Under Pennsylvania`s custody laws, the court awards sole custody if it is in the best interests of the child. Shared custody is desirable, but not always plausible, in cases where the child`s well-being is at risk with a parent.
Our experienced family law lawyers are at your disposal to assist you in your custody cases. We have helped many families find their way through this challenging landscape. Our experienced family law lawyers know how to find the solutions that work best for you and your family. Please contact us today for a free, no-obligation telephone consultation so that we can learn more about your case and help you develop an action plan for your custody case. In addition, Pennsylvania courts also use the term “partial custody,” which is the right of a parent to remove the child from the control of a custodial parent for a specified period of time. Visitation allows a parent to visit a child, but does not allow the parent to remove the child from the control of the custodial parent. Pennsylvania`s custody laws protect the well-being of the child. Courts are trying to reduce the emotional impact of divorce on children. If parents want joint custody, they must provide a parenting plan or agreement outlining it and submit it to the court.
The plan includes information such as the child`s place of residence, as well as weekend and holiday arrangements. In this area, as in other custody issues, the best interests of the child are of paramount importance. However, if one of the parties so wishes, family allowances and custody may be included in a divorce case. A couple can enter into a written agreement on child support and custody and then ask the court to make the agreement part of a court order. If the parents are unable to reach an agreement, either party may ask the court to decide these issues. Either party may at any time apply to the court to change child support or a custody order if it is in the best interests of the child. All records proving the mental or physical condition that renders the parent incapable of caring for their child, as well as criminal charges and drug use, are considered strong evidence that the parent is not fit for custody. You should try again to find a solution that is fair for both, but above all better for children.
Some communities have mediation programs or counselling services that can help parents reach an agreement. If they still can`t come to an agreement, any parent can contact a lawyer for help in reaching an agreement. If that doesn`t work, custody may have to be decided by a court. A parent who applies for custody or access rights can file a complaint in the country where the child has lived for six months. In many counties, a conference is held with a hearing officer appointed to determine whether or not an agreement can be reached by the parents. Most counties required both parents to attend an educational seminar and for children of the appropriate age to participate in an educational program. If no agreement is reached, home studies and/or psychological assessments are usually ordered by the court. Finally, a hearing is held by the court, during which all the evidence is presented and a decision is made. In most cases, the court will talk to the children to find out their feelings and preferences before making a decision.
Among the many factors that influence a court`s decision on the custody, safety and well-being of the child are an important consideration. Courts will also heavily assess a history of physical or drug abuse. If this is the case, a separate assessment may be required before that parent is granted custody. A person who disobeys a custody order may be held in contempt of court or charged with a crime and sentenced to a fine and/or imprisonment. The judge may also revoke custody of a person who has disregarded the court order. In some cases, especially in emergency situations where the child`s safety is at risk, the police may be able to help. Family courts in Pennsylvania prefer agreements where parents share parental rights and responsibilities. With respect to the welfare of the child, the courts base their judgment on custody of the child. In some cases, parents must attend counselling sessions before custody is granted. .