Child Custody Lawyer | Blue Bell, PA

Divorce and Family Law | Child Custody

Child Custody Lawyer | The Martin Law Firm

Pennsylvania child custody matters are extremely emotional and important legal situations for parents and their children.  The Martin Law Firm, located in Blue Bell, Montgomery County, PA, is a divorce and family law firm that represents mothers and fathers for child custody matters. 

Our family law firm recognizes the intense importance of child custody matters, and we are extremely careful in our counseling and representation of our parent clients.  We realize that the decisions that are made in this regard can have permanent effects on the well-being of both the parents and the children involved.

Pennsylvania Child Custody Generally

A Pennsylvania child custody action can be part of an action for divorce, or custody can be a stand-alone matter.  Pennsylvania child custody is comprised of physical custody and legal custody.

Physical Custody in PA

Physical custody is the actual physical possession and control of a minor child. For Pennsylvania child custody, the dispute between parents often includes the amount of time per week, including overnights, that each parent gets to spend with the minor child.  Generally, the court will determine whether a party should have primary physical custody, partial physical custody, shared physical custody, or visitation.

• Primary physical custody means one parent gets to spend the majority of the custodial time with a minor child.

• Shared physical custody, or joint physical custody, generally means both parents share equally in the physical custody of the child.

• Partial custody is the right of one parent to have possession of the child that may include overnights, but the other parent is exercising primary physical custody.

• Sole physical custody is the right of one individual to exsclusive physical custody of the child.

• Supervised physical custody is custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights.
  

Legal Custody in PA

Legal custody is the right to make important decisions that impact your child.  These important decisions include medical care for your child, education, religion, etc.  Pennsylvania courts often grant shared legal custody unless the circumstances prevent the parents from being able to cooperate with each other with regard to these important decisions.

Best Interests of the Child | The PA Child Custody Law

When determining parents' custodial rights, a PA court will make its determination based on the best interests of the child.  Pennsylvania law, specifically 23 Pa.C.S.A. § 5328(a), sets forth the factors that the court must consider when determining child custody:

1. Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.

2. The present and past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.

3. The parental duties performed by each party on behalf of the child.

4. The need for stability and continuity in the child's education, family life and community life.

5. The availability of extended family.

6. The child's sibling relationships.

7. The well-reasoned preference of the child, based on the child's maturity and judgment.

8. The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.

9. Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.

10. Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.

11. The proximity of the residences of the parties.

12. Each party's availability to care for the child or ability to make appropriate child-care arrangements.

13. The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.

14. The history of drug or alcohol abuse of a party or member of a party's household.

15. The mental and physical condition of a party or member of a party's household.

16. Any other relevant factor.

The PA Child Custody Law is Gender Neutral

It is also important to note that when a Pennsylvania family law court makes a determination using the factors set forth above, neither parent shall receive preference based upon gender when a custody award is granted (see 23 Pa.C.S.A. § 5328(b)).

Contact an Experienced Blue Bell, PA Child Custody Lawyer

At The Martin Law Firm, we strive to achieve our client’s desired results without court intervention whenever possible. Parents can often reach their own custody agreement after they determine for themselves the child custody arrangement that is in their children's best interest. When parties cannot agree, then court action may be required. 

Learn more about Montgomery County, PA child custody process and procedure.  

Click here to contact an experienced Blue Bell, PA child custody lawyer from The Martin Law Firm.

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