Child Custody | Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz - Part 5
Creating a Child-Centered Divorce
When child custody becomes war, there can be no winners. The saddest “losers” are the children.
Child custody does not have to be decided between two warring factions. Conscientious parents should make decisions together, putting the best interests of their children first. According to Rosalind Sedacca, CCT, author of How Do I Tell the Kids about the Divorce?, child custody decisions demand honest communication between mature parents who are willing to put the needs of their children ahead of personal interests.
The Pennsylvania Law Offices of Sheryl R. Rentz has many years of experience handling child custody issues surrounding divorce. A child custody schedule is part of a comprehensive settlement plan that should be in place prior to filing for a divorce. Read the rest »
What Is a Pennsylvania Child Custody Order?
A divorce is incredibly difficult for all parties involved, but it can be particularly hard when children are part of the equation. Deciding who will have custody of the children and if it will be joint or sole custody, or establishing child visitation guidelines for the parent who does not have sole custody, can be an especially contentious matter for a divorcing pair; however, there are legal means that can help families reach an amicable agreement. One such way to reach a harmonious agreement is to create a child custody order, which is a legal document that sets the terms and conditions of who has custody of a child.
A child custody order can be beneficial for parents, and some of the advantages include: Read the rest »
U.S. Census Report Finds that Over 7 Million Children Live with Grandparents
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. Read the rest »
Interstate Child Custody Battle Between Adoptive Mother, Biological Father Settled
The Los Angeles Times reports that an inter-state custody battle between a girl’s adoptive mother and her biological father was recently settled. The now-famous case, which has been referred to as the “Baby Vanessa” case, involved a woman from California and a man from Ohio. The contentious child custody case has lasted for more than two years.
The woman started the adoption process before the girl was born, but proceedings were stopped after the girl’s biological father filed for custody. The girl’s biological mother alleged that her pregnancy was the result of a one-night stand and believed the man was not the father. However, a genetic test proved otherwise. Court records from 2005 showed the man had spent time in jail for domestic violence, further complicating the family law matter. After the two parties were not able to reach an agreement during mediation, a child custody trial was scheduled in Ohio in 2009. In July 2010, the woman was ordered to return the girl to Ohio, but appealed the decision and was able to keep the girl until further notice. Read the rest »
Reworked Pennsylvania Child Custody Law Goes Into Effect in January 2011
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. Read the rest »
Should Military Deployment Be Considered in Custody Battles?
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. Read the rest »
Pennsylvania Mother Defies Custody Order and Goes to Jail
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. Read the rest »
Franklin County Judge Orders Shared Custody for Baby
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. Read the rest »
Virginia Woman Defies Court Order to Surrender Custody of Child
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. Read the rest »
Woman Arrested in Pennsylvania on Washington Kidnapping Charge Following Custody Dispute
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. Read the rest »
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