Child Custody | Pennsylvania Family Law Blog - The Law Offices of Sheryl R. Rentz - Part 6
Child Custody for Fathers Shows Increase
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. Read the rest »
Does Child Custody Extend to Stepparents?
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? Read the rest »
Pennsylvania Child Custody Battle of Father Over Son Continues
For seven years, a 28-year-old father has been doing all he can to get custody of his 7-year-old son, who is currently under the Department of Human Service’s care. However, according to an account, the agency is trying to terminate the father’s parental rights and put the boy up for adoption despite his father’s actions. In April of this year, the man was awarded full custody of his 9-year-old daughter and the current challenge he is facing in getting custody of his son is proving to be highly complex.
The DHS isn’t backing down despite the fact that the 28-year old father has a clean record, a steady job, and a house in West Philadelphia. Despite his stability, the agency stated that the father has failed to attend his bi-weekly visits with his son. In stressing the importance that visitations play in fostering healthy relationships between parent and child, a DHS spokeswoman bluntly stated that “the court is basically looking at the relationship between the parent and the child and that has to start with them seeing each other.” This is information that all parents seeking custody of their children should take note of. Read the rest »
Since When Is Pet Custody Compared to Child Custody?
A recent article from philly.com reported about a couple that is squaring off in the courtroom for the second time, fighting over custody of six-year old Dexter. Is Dexter their son? Not quite. Dexter is a much loved dog that is apparently worth the extensive hours the former couple has spent in New Jersey courtrooms. The woman claims that the couple referred to Dexter as their son, thus emphasizing the attachment the each party has towards the dog. At this point, neither plaintiff is willing to share him.
After hearing testimony in Superior Court that, while one partner purchased the dog and paid veterinary bills, the former couple lived together and, therefore, both cared for Dexter, the judge ruled that Dexter was joint property, although no final decisions were made. The woman’s claim that she was given permanent custody of the dog when the couple separated was ruled to be unfounded. For now, both attorneys of the former couple will file additional briefs stating their thoughts on who should get the dog and why. Read the rest »
Is Joint Custody Consideration the Best Starting Point in Divorce Cases?
A Pennsylvania group is lobbying for a change in state law saying courts should choose joint physical custody of children by both parents as the first option during a divorce proceeding. According to an article in the Patriot News, the Pennsylvania Families Association is supporting House Bill 463, which would require judges to first consider joint custody unless there is evidence that one of the parents is not suitable to have custody of the child or it is not in the child’s best interest to do so.
According to this new law, parents would have to submit a “parenting plan” to the court with mediation provided if needed. However, the Pennsylvania Coalition against Domestic Violence states this law would place emphasis on parents’ desires rather than the best interest of the children. Under current Pennsylvania law, the guiding principle for judges is to consider what is in the best interest of the child during a PA child custody dispute. Read the rest »
Child Custody Case Raises Issue of Father’s Rights
An interesting case in Bradley County, Tennessee is dealing with child custody procedures used by judges in that county. However, these child custody issues are global and could apply in any state including Pennsylvania. According to this news report, the arguments in this case allege that basic child custody procedures used by judges are unconstitutionally biased in favor of one parent, usually the child’s mother. Many family law attorneys believe that the outcome of this case can affect child custody decisions nationwide because it calls down the authority of the 14th Amendment’s equal protection clause to help fathers who are good parents.
The case in Tennessee has to do with court procedures used in the child custody case of 3-year-old Kate Hopkins, which began in 2007. The case is finally going to trial after more than two years in court and five different judges. One of the procedures that will be challenged in this case is the “80-day rule” created by local judges, which automatically takes effect as soon as a child custody case is filed, allowing only one parent 80 days a year with the child while the other parent is allowed 285 days a year – irrespective of the facts or circumstances of the case. Attorneys are arguing that this rule discriminates against one parent while violating the principle of equal protection and due process because it is done arbitrarily and imposed without a hearing. Read the rest »
Pennsylvania Child Custody Exchange Gets Violent
A Hustontown man is accused of assault after an incident with a woman during a child custody exchange, according to this news report. Edward Eugene Saylor, 51, was charged with simple assault and two counts of harassment. Pennsylvania State Police officials say Saylor grabbed 26-year-old Misty Dawn Saylor around the neck with both hands and lifted her off the ground. He then allegedly carried her into a car wash and slammed her head against a brick wall three to five times before letting her go. She complained of head, neck and back pain. Saylor also allegedly assaulted a 40-year-old man as he attempted to call 911.
Child custody issues can be extremely contentious and sometimes it can get violent, as it apparently happened in this case. It is not too clear what happened in this particular Pennsylvania child custody case. But if you are going through a divorce that involves children, it is very important you understand that obtaining a custody order by a court in Pennsylvania can save you a lifetime of insecurity regarding your children’s security and upbringing. The only way to get that order is by filing a successful legal pleading in family court in your home state. Read the rest »
Child Custody Can be a Sticky Issue – Even for Celebrities
Pop star Madonna and her ex-husband Guy Ritchie have made their child custody deal legal and final in the United States, according to a recent news report. The celebrity couple apparently filed papers with a Manhattan court regarding the shared custody of their two children, 8-year-old Rocco and 3-year-old David. The joint custody agreement states that both boys must remain kosher and attend synagogue twice a week. Read the rest »
Pennsylvania Child Custody Cases Affected by Economic Crisis
The economic downturn is having its effect on divorced parents and child custody in Pennsylvania. According to a WPXI News report, tough economic times are forcing Pennsylvania parents to take jobs outside of the city they live in. This is causing legal problems because if they have children and a child custody agreement, then they cannot leave the area. The article gives the example of a mom with three sons who left Allegheny County and moved to Butler County with the children. But the courts saw it as the mother taking the children away to a different place without the father’s permission. As a result, the mother not only lost primary physical custody of her children, but is also now burdened with paying attorney fees to sort out the mess.
A number of parents do not know that they cannot do this without first getting permission from the court, especially when there is a child custody agreement in place. Parents should err on the side of caution when they relocate and inform the courts about it. Otherwise, their move could be misunderstood as kidnapping since the legal system aims to protect the custodial rights of both parents. Read the rest »
Star of “Lost” Wins Skirmish in Custody Battle
On January 7, 2009, celeb gossip site TMZ.com reported that Naveen Andrews, one of the stars of the hit series Lost, emerged from Los Angeles Superior Court after winning sole child custody of his 3-year-old boy, Naveen Joshua. The TV star’s estranged “baby mama,” Elena Eustache, made wild allegations that Andrews and his new girlfriend, Barbara Hershey, had been practicing voodoo witchcraft on the child. According to reports, Eustache was worried that Naveen Joshua was going to be poisoned. Read the rest »
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