Delaware County Child Custody Attorney
Child Custody in Delaware County
After a divorce or separation, parents are faced with the difficult task of arranging who will have custody of their child or children. Whilst some parents may be able to reach their own agreement, often, legal assistance is necessary. Data from the Unified Judicial System of Pennsylvania, reports there were 35,767 custody cases filed in 2020 in Delaware County. Of the custody cases processed in 2020, 47.4% of these were resolved without a court hearing.
If you require legal assistance for custody matters in Delaware County, the experienced team at the Law Offices of Sheryl R. Rentz, P.C. will passionately fight for your desired outcome, whether through negotiations, mediations, or at trial. Call us today at (610) 645-0100 for a free consultation.
How Custody Is Determined
In amicable separations, parents may be able to agree on an informal custody arrangement, however, this will not be enforceable by the courts.
When parents are unable to agree, or where an informal agreement is not being adhered to, court intervention may be necessary. In Delaware County, either or both parents can file a custody petition with the Family Court. The parties will generally be referred to mediation, and if a custody agreement is reached, a consent order will be signed that becomes legally enforceable.
If no agreement is reached at mediation, or mediation is not appropriate in the situation, a court hearing will occur and the judge will make a custody order based on the best interests of the child.
Types of Custody
In Delaware County, the term “custody” refers to both physical custody (who the child physically resides with) and legal custody (the decision-making powers a parent has over the child).
Sole custody grants one parent exclusive legal and physical custody, providing decision-making authority but potentially limiting the child’s time with the non-custodial parent. This arrangement can ensure stability but may impede the child’s relationship with the other parent.
If one parent has sole custody, the non-custodial parent generally has specified visitation rights, which can be supervised or unsupervised. The custodial parent must keep the other parent informed about all significant matters concerning the child, including their education, health, and social activities so the other parent has the opportunity to attend.
Joint custody involves shared legal and physical custody, encouraging ongoing involvement from both parents. This arrangement promotes continuity in the child’s relationships and upbringing but requires effective parental communication and cooperation.
If parents have joint custody, both parents are entitled to physical custody of the child for the times specified in their agreement or court order and must make significant decisions affecting the child jointly.
Split custody divides siblings between parents, each taking custody of at least one child. While this arrangement can accommodate different needs and preferences, it may disrupt sibling bonds and pose challenges for maintaining consistent routines for each child.
Each type of custody arrangement has its advantages and drawbacks. Sole custody offers clarity and control but risks estranging a parent. Joint custody fosters parental involvement but requires cooperation. Split custody accommodates individual needs but may disrupt sibling relationships. Delaware County courts aim to determine custody arrangements prioritizing the child’s best interests, ensuring their well-being, and maintaining meaningful relationships with both parents.
Your Rights as a Parent
During the custody process, both parents maintain legal rights regarding their children. These rights typically include the right to seek custody or visitation, make decisions about the child’s upbringing, and have access to educational and medical records. However, it’s crucial to recognize that these rights come with responsibilities to act in the child’s best interests. Cordial and effective communication with the other parent is vital in negotiating custody arrangements. Open dialogue can facilitate cooperation, minimize conflicts, and ensure both parents stay informed about their children’s well-being and important decisions, fostering a supportive co-parenting environment for the child’s benefit.
Co-Parenting Strategies
Effective co-parenting after divorce requires prioritizing the child’s needs and fostering open communication. Practical tips include:
- Prioritize the Child’s Needs: Always make decisions based on what is best for the child, setting aside personal conflicts or disagreements.
- Communicate Effectively: Maintain open and respectful communication with your ex-spouse about important matters concerning the child, such as schedules, health, education, and emotional well-being.
- Consistency is Key: Strive for consistency in rules, discipline, and routines across both households to provide stability and minimize confusion for the child.
- Be Flexible: Stay flexible with custody schedules and arrangements, accommodating changes when necessary for the child’s benefit, and being willing to compromise when conflicts arise.
- Respect Each Other’s Boundaries: Respect boundaries and privacy in each other’s households, avoiding criticism or interference in the other parent’s parenting style or decisions.
By putting aside personal differences and focusing on the child’s best interests, co-parents can build a supportive and nurturing environment for their children.
Child Custody and School Issues
Child custody arrangements can significantly impact a child’s education. Consistency in schooling can be disrupted by custody schedules, affecting academic performance and social development. Parents need to maintain open communication with schools, informing them of custody arrangements and ensuring both parents receive pertinent information. Collaboration on important decisions, such as school choice or extracurricular activities, fosters a supportive environment for the child’s educational journey. Additionally, creating a shared calendar for school events and meetings can help ensure both parents are involved and informed, promoting continuity and stability in the child’s academic experience despite the challenges of shared custody.
Custody Mediation
Custody mediation offers a cooperative approach for parents to negotiate and craft custody agreements outside of court. Its benefits include fostering open communication, empowering parents to make decisions together, and focusing on the child’s best interests. Mediation can alleviate tension and reduce conflict by involving a neutral third party, leading to more amicable resolutions. This process also minimizes the stress and emotional turmoil for both parents and children by providing a supportive environment for discussing concerns and finding mutually acceptable solutions, ultimately promoting healthier co-parenting relationships.
Can a Custody Order be Changed?
The parties can alter informal custody arrangements where they both agree to the changes. For court-ordered custody arrangements, a custody modification form must be filed with the court.
The court can modify consent orders at any time, provided the judge is satisfied the alteration is in the child’s best interests. For court orders issued after a full hearing, if less than 2 years have passed, the court will only modify the order if continuing to enforce it would endanger the child’s physical health or significantly impact their emotional development. If 2 years have passed, the court decides whether to modify the order based on the child’s best interests, each parent’s compliance with the prior order, and the benefits of the alteration compared to any potential harm.
Why Having a Skilled Delaware County Custody Lawyer Matters
Custody issues are extremely emotional matters with high stakes. Having a skilled Delaware County family law lawyer on your side helps ensure your interests are conveyed in a reasoned manner, whether during mediation or in the courtroom. As the court’s primary consideration for custody orders is the child’s best interests, having a lawyer establish why your desired involvement in the child’s life is in their best interest is crucial.
The Law Offices of Sheryl R. Rentz, P.C. have extensive experience assisting clients with a range of custody matters. If you want outstanding legal representation for your custody dispute in Delaware County, call us today at (610) 645-0100.
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