Pennsylvania Family Law Blog

According to the U.S. Census Bureau report entitled “Living Arrangements of Children: 2009,” approximately 7.8 million children lived with at least one grandparent that year. This is a substantial increase from the 4.7 million that lived with at least one grandparent in 1991. According to a GoErie.com news article, social workers, nonprofit groups and demographers attribute this trend to high pregnancy and divorce rates, young adults struggling with the economy, increased alcohol and drug abuse, and various other factors.

Pennsylvania, which has one of the highest concentrations of grandparents in the U.S. according to the Census, is following this trend. In fact, in 2010, almost 200,000 children were living with a grandparent in Pennsylvania. In the same year, 4,221 children were living with a grandparent and no parent in Erie County with 50 percent of the children being younger than 5-years-old. Although raising children can be a struggle for some grandparents, many choose to pursue such an arrangement in the best interests of the child.

Child custody is a complicated issue and, as such, the laws that govern child custody decisions are equally complex. Pennsylvania law includes provisions that would allow a grandparent to petition for the physical and/or legal custody of their grandchild or grandchildren under certain circumstances, but decisions are based on what is in the best interests of the child or children.

If you are a grandparent in Pennsylvania and you wish to play an active role in your grandchild’s life, either through frequent visitation or custody, you would be well advised to consult with an experienced Pennsylvania grandparents’ rights lawyer. Sheryl R. Rentz is an attorney dedicated to helping grandparents maintain a strong relationship with their grandchildren. To learn more about your legal rights and options, contact Sheryl R. Rentz at 866-290-9292.

PhillyBurbs.com reports that a state law regarding child custody in Pennsylvania has been revised. It goes into effect this week to help alleviate the pain for families during the divorce process.

In November, state legislature approved new rules regarding child custody intended to improve transparency and fairness as a family goes through a divorce in Pennsylvania. It will be mandatory for a judge to state their rationale for reaching a decision on the record. This helps parents better understand a judge’s thoughts regarding the conclusion of a child custody decision.

Under the new law, if the custodial parent (the parent who has primary physical custody of a child) wishes to move, he or she will be required to give the other parent an opportunity to object. The law has also been reworded with stronger language to state that neither a mother nor a father should be assumed automatically to be the more suitable custodial parent. Father’s rights groups have often felt that presumption lies with the mother. These groups have actively campaigned for the presumption of joint custody, but the proposal was not included in the revisions of the law.

Also, part of the new law is that it is now mandatory that “guardian ad litem attorneys” present written reports to judges about how criminal convictions of members of a child’s household should be evaluated. Guardian ad litem attorneys are occasionally appointed by judges in complex divorce cases. In addition, there are now more factors that judges will need to reflect on when granting parental custody of a child. These include sibling relationships, parental alcohol and drug use, stability in the child’s life, who will likely support contact with the other parent, and more. The new law will also permit judges to demand that both parents present a parenting plan, which can help keep the focus on a child’s needs as well as streamline the legal process.

During any child custody case in Pennsylvania, there are many factors that need to be taken into account. Anyone in Pennsylvania who wishes to gain custody of their child should consult with an experienced Philadelphia child custody lawyer who can help them understand their legal rights and what options are available. For more information, contact The Law Offices of Sheryl R. Rentz by calling 610-645-0100 to schedule a free consultation and learn more about your legal rights as a parent in Pennsylvania.

In any Philadelphia child custody case, every pertinent detail needs to be carefully examined in order to determine what course of action should be taken in order to keep the best interest of the child in mind at all times. However, in cases where parents are members of the armed services, the details surrounding custody arrangements can be especially complicated.

Recent legislature passed in the House, and now in the hands of the Senate, seeks to create a nationwide norm in regard to considerations given to parents who are deployed by the military and how such deployment can affect child custody arrangements.

According to armytimes.com, Rep. Michael Turner, R-Ohio, sponsored the bill, which seeks to assist deployed military personnel in their child custody cases. Specifically, the bill hopes to disallow deployment (past, present, and future) from being negatively used against an individual serving in the military. While fifteen states already have legislation in place to prevent deployment from being used against military personnel, those states do not argue that the federal government should not set a precedent for how state courts must examine child custody cases. It should be noted that the proposed legislature only applies to instances of deployment related to contingency operations. The bill has previously been rejected four times in the past.

There are a variety of factors that need to be taken into account during any Pennsylvania child custody case. For individuals in Pennsylvania seeking to gain custody of their children, or hoping to maintain their current child custody arrangement, the best course of action should involve retaining the services of an experienced Philadelphia child custody attorney. For more information regarding child custody arrangements, please contact the Law Offices of Sheryl R. Rentz today at 610-645-0100 for a free consultation.

A timeonline.com article reports that a former Beaver County mother was sent to jail for up to six months for violating court orders when she took her son to Turkey without legal permission and then did not return until four years later. The woman had ignored multiple court orders demanding that she return her 11-year-old son to Beaver County.

When the couple initially separated in 2006, the mother was granted primary custody and the father was given visitation rights. Later that year, the mother took their son to Turkey for a vacation but did not return, despite a court order that stipulated they had to be back by the end of summer.

Subsequently, courts in both Pennsylvania and Turkey ruled that she was in violation of the custody order and was required to return to Beaver County with her son. She and the boy returned in late January 2010 so that she could attend a contempt hearing. The judge granted the father temporary primary custody and the mother was sentenced to jail.

It is not uncommon for parents to want sole custody of a child after a separation. There are many reasons a parent might be compelled to keep a child away from the other parent. If domestic violence or child abuse is a factor, there are legal avenues to pursue to protect the child. Whatever the case, spiriting a child out of state or out of the country only complicates the matter, and as in this case, may work against the parent who is trying to maintain full custody.

While all custody disputes have a measure of complexity, cross-state and international cases are particularly difficult. The experienced Philadelphia child custody family lawyers at Sheryl R. Rentz are equipped to defend your rights as a custodial parent and to safeguard the well-being of your child. Please call the Law Offices of Sheryl R. Rentz for a free and confidential evaluation.

Source:http://www.timesonline.com/bct_news/news_details/article/1504/2010/february/02/mom-jailed-over-custody-dispute-could-be-released-friday.html

According to an article published at www.publicopiniononline.com, a Franklin County judge gave a toddler’s parents joint custody in a temporary custody order, and then scheduled another hearing to determine permanent custody. The decision was made during a hearing to determine whether Colorado or Pennsylvania has jurisdiction in the case.

The child was born in Colorado but has lived with his paternal grandmother in Waynesboro, Pennsylvania for the last four months. In a special arrangement between the grandmother and mother, the child was to stay temporarily while the mother was on bed rest due to her current high-risk pregnancy. When the mother came to get her son last month to take him home to Colorado, the grandmother refused to turn him over. The father then filed for custody. The father acknowledged that he was not named on the child’s birth certificate and did not have custody of the child. Under the temporary order, the child will be turned over to his mother when she arrives back in Pennsylvania. The article states that a final appealable custody order is expected to be issued August 6, 2010.

If you or someone you love is involved in a custody dispute, we understand that these family matters are almost always emotionally charged. Parents usually need help navigating through Pennsylvania child custody laws. All parties involved in a custody dispute typically need legal counsel and representation. Often, as it is with the child custody case above, paternity issues arise as well. The law offices of Sheryl R. Rentz can facilitate the establishment of paternity as well as the custody agreement. With our many years of experience in Pennsylvania family law and child custody, we have the necessary skills and knowledge for a successful outcome in your custody efforts. Call the Law Offices of Sheryl R. Rentz at 610-645-0100 today for a free consultation.

Source:http://www.publicopiniononline.com/ci_14362629

A Virginia woman failed on Friday to surrender custody of her 7-year-old daughter that she shares with a former lesbian partner of over 4 years, defying a Vermont court’s order. The New York Times reports that the woman was ordered by a Vermont judge to surrender custody of her daughter to her former partner at 1 P.M. on Jan. 1, 2010 at the home of the woman’s parents in Falls Church, VA. However, the Virginia woman failed to show up at that time. The whereabouts of the woman and the girl are unclear at this time and Vermont police will likely issue a warrant for her arrest.

According to The New York Times, the Virginia woman was first awarded custody of the couple’s daughter and her former partner was granted liberal visitation rights. After she repeatedly denied her former partner those visitation rights, a Vermont judge found her to be in contempt of the court and awarded full custody to the former partner in Nov. 2009.

Same sex custody cases have been rare in Pennsylvania, but they do come up from time to time. Same-sex custody cases are handled the same way as when a non-biological parent seeks shared custody. If it is in the best interest of the child, the parent will end up getting some measure of custody.

Child custody issues are extremely complicated. It takes an experienced Pennsylvania child custody attorney to guide you through the legal process and protect your rights. If you are facing child custody issues, please call Philadelphia child custody lawyer Sheryl R. Rentz at 610-645-0100 for a free consultation and case evaluation. The attorneys at the Law Offices of Sheryl R. Rentz are here to help.

Source:http://www.washingtontimes.com/news/2010/jan/02/fairfax-woman-fails-surrender-child-ex-partner/

Police report that a woman accused of kidnapping her children has been arrested after eleven years on the run. An arrest warrant was issued in Spokane, Washington in 1998 for a 48-year-old woman who was recently arrested in her Milton, Pennsylvania home December 29, 2009. She left with the children when her ex-husband was awarded custody after their divorce. The woman claims she was a victim of domestic violence and her children, now 15 and 17-years-old, were sexually abused by their father. Police believe these claims have no merit; however, these kinds of situations are very complex and require thorough investigation.

Even though this kidnapping took place in Washington State, custody disputes are all too common in Pennsylvania. Separation and divorce are difficult enough situations, but when children are involved, emotions can run very high. Nevertheless, it is never appropriate to take a child away from the custodial parent, even if your intention is to protect the child. There can be serious legal ramifications. Obtaining a custody order by a court in Pennsylvania is the key to a secure future custody of the children.

Pennsylvania laws surrounding child custody after a divorce or separation are extremely complex. Finding an experienced Pennsylvania child custody lawyer that can help you with your child custody issues is paramount. Whatever your child custody situation, Sheryl R. Rentz can help you. The Law Offices of Sheryl R. Rentz has successfully handling child custody cases for many years. Contact us today for a free consultation by calling 610-645-0100.

Source:http://www.allvoices.com/news/4899801-woman-arrested-in-pa-on-wash-kidnapping-charges

Anyone who has gone through a divorce and has children is likely to tell you that it takes a lot of heart and courage to fight for what is best for your child. Even when a parent does not receive primary physical custody for their child or children, obtaining visitation rights or joint custody are both very important issues of concern.

A recent article from the New York Times discusses a collection of articles from Working Mother Magazine that address a new and heightened tendency for fathers to be given custody of children over the children’s mothers. Interestingly, as more women have become primary earners in a marriage, more women have seen their husbands receive primary physical custody of their children when a divorce takes place. According to the article, there are approximately 2.2 million divorced women in the U.S. who did not obtain primary physical custody of their children during their custody hearings. Furthermore, at this point, about 50% of fathers who seek primary custody in such divorce cases are granted it.

As numerous social viewpoints about parenting shift, our standards evolve, and the economy fluctuates, the percentage of fathers granted primary custody will rise and will very likely continue increasing in the years to come. The article certainly raises the question as to whether a parent should be granted full custody based predominantly on the idea that the parent who works less is able to spend more time with the children. Consequently, the question as to whether or not the adage “the parent who works more, parents less” is actually true also arises, and needs to be carefully examined in a family court to determine if such an idea is truly in the best interest of the child.

Determining child custody is not taken lightly by either parents or the court system. In fact, there is much to take into consideration when deciding which parent should be granted primary physical custody. Both maintaining employment in order to provide financial support and being available to care for children are a few of the important factors taken into consideration in family law cases.

If you are currently going through a divorce or are thinking that a divorce may be an option for you and your spouse, the Pennsylvania family law attorneys at the Law Offices of Sheryl R. Rentz can ensure that your child receives the custody that is best for his or her well being. For more information about the legal matters surrounding your particular situation relating to child custody, child support or spousal support, please contact Sheryl R. Rentz. Call us today at 610-645-0100 for a free consultation.

Source:http://parenting.blogs.nytimes.com/2009/11/17/more-fathers-getting-custody-in-divorce/

In a previous blog entitled, “Since When is Pet Custody Compared to Child Custody?”, we discussed an unusual case that had gone to trial for the second time over a very loved dog named Dexter. Although we usually hear about former couples or spouses going to court over custody of their children, this case is still significant in that both parties considered their dog Dexter to be like a son. And as it turns out, this case was more concerned with the issue of division of property than it was with actual custody. The Philadelphia Inquirer reported that the Superior Court judge finally made a decision in the case to have the former couple share custody of their property, Dexter the pug, in five-week rotations.

According to the newspaper article, before the couple split, they lived together for seven years in a home they both owned. Although the man involved in the custody dispute claims he should have been given full custody of Dexter because he purchased the dog, took him to the vet, and paid for his food, it was determined that the woman also played an influential role in Dexter’s life by helping take care of him. The judge handling the case made it clear that this was not an official “custody arrangement” because dogs are “just one of many objects to be divided in a breakup.” Although the couple may not agree with this point of view, the judge also referred to Dexter stating, “He might be cute and furry, but he’s still property. He’s no more than that.”

Break-ups are never easy, and can be especially difficult to handle on your own when legal issues pertaining to the division of property/assets and custody are involved. As the case involving Dexter clearly shows, we are often attached to a broad range of “property” that we may feel is worth going to court for in order to make sure it remains ours. However, not every dispute over the division of assets or custody is taken to court.

If you or someone close to you is going through a divorce in Pennsylvania, it is highly likely that the issue of division of assets will arise. To ensure that you fairly receive ownership of property that is yours, it may be in your best interest to seek the legal counsel and representation of a skilled Pennsylvania property division attorney. At the Law Offices of Sheryl R. Rentz P.C., our family law attorneys have the experience and knowledge to handle cases pertaining to the division of property, child custody, child support, and much more. Call Sheryl R. Rentz today at 610-645-0100 for a free consultation of your family law case.

Most of us know that parents do not need to be blood-related to a child to have a strong bond or to play a vital role in that child’s life, particularly in terms of financial support and emotional encouragement. When a child’s parents get divorced and one of them remarries, there is much to discuss in relation to having a new member added to the family. But do stepparents have the legal right to request or pursue child custody?

When a stepparent has established a parental role in a child’s life who is a minor and it is clear that the relationship is supportive, loving, and healthy, he or she may be able to claim certain rights pertaining to custody. In pursuit of child custody as a stepparent to a minor whom you have a good relationship with, the court will determine if there is in fact an “in loco parentis” relationship, which means whether or not your relationship with the child is like that of a parent. Most importantly, family courts will always make decisions based on what is in the best interest of the child involved in a custody or visitation dispute.

In many cases, a stepparent who has been married to the biological parent of the child they have helped take care of will be granted some form of custody or visitation. However, the grounds for such custody or visitation are greatly influenced by a number of family issues such as if any history of domestic violence exists, whether or not the other biological parent is involved, the relationship between the stepparent and the minor child, the location of where the stepparent lives, and much more.

If you are currently dealing with child custody and/or visitation matters with the stepparent of your child, or if you are a stepparent yourself and would like to learn more about your options for custody and/or visitation, the experienced Philadelphia child custody lawyers at the Law Offices of Sheryl R. Rentz can help you. With our many years of experience in Pennsylvania family law and child custody, we have the skills and knowledge that you need in order to be successful in your custody efforts. Call the Law Offices of Sheryl R. Rentz at 610-645-0100 today for a free consultation.

Source article: http://www.divorcenet.com/states/pennsylvania/pa_art12