When parents cannot agree on custody, even everyday decisions can become sources of conflict. A dispute over where a child spends the week can affect the child’s relationship with each parent, making it harder for families to move forward. Our experienced child custody lawyers in Harrisburg, PA can help explain your legal rights and work towards a custody arrangement that fits your family’s circumstances.
Legal and Physical Custody
While physical custody determines who the child will live with, legal custody determines who has the authority to make major decisions affecting the child’s well-being, such as their education, medical care, and religious upbringing.
Depending on your situation, your custody arrangement may include shared or sole legal custody, and shared, primary, or supervised physical custody. A third-party, such as the child’s grandparents, may also be granted custody.
To create a custody arrangement, parents can work together to draft a parenting plan that outlines their proposed ideas regarding legal and physical custody.
How Courts Determine Custody
Due to intense conflict, some parents may find it impossible to agree on a parenting plan. In these situations, our team can advocate for your rights during court proceedings. Under 23 Pa.C.S. § 5328, Pennsylvania courts prioritize the child’s best interests and safety when determining custody. Other considerations can include:
- How well the parents can co-parent
- Each parent’s involvement in the child’s daily life
- Each parent’s ability to meet the child’s physical, emotional, educational, developmental, and special needs
- The child’s need for stability, such as where they go to school, their home life and siblings, other familial relationships, and their community
- The child’s preference, if the child is mature enough to express a thoughtful and well-reasoned preference
Modifying a Custody Order
Parents can request a modification to the existing custody order if their family circumstances have significantly changed, such as:
- A parent’s work schedule
- The child’s school, childcare, or educational needs
- The child’s medical or special needs
- The child spends substantially different amounts of time with each parent than the existing order provides
- A parent’s ability to care for the child
- A parent not following the existing custody order
The court may grant the modification if it serves the child’s best interests. A change in custody time can affect child support calculations, and changes in financial circumstances can lead to a separate support proceeding. Our lawyers can review your current custody order and your new circumstances to determine the appropriate legal path.
Relocation and Complex Cases
A parent generally cannot relocate with their child unless everyone who has custody rights agrees or the court approves the move. The relocating parent must give the other parent written notice. The other parent can file an objection with the court if they wish to do so.
When deciding whether to grant a move, the court factors in the reasons for the move, how the move could affect the child’s relationship with both parents, the child’s needs, and any safety concerns. The parent asking to relocate has the burden of showing that the move is in the child’s best interests.
Our Custody Attorneys in Harrisburg, PA Can Help You Take On Your Case With Confidence
Custody disputes can be incredibly stressful, especially when the decisions made in your case cause lifelong impacts on your child and family. You do not have to navigate the legal process alone. Our custody attorneys in Harrisburg, PA offer empathetic and protective legal advocacy to parents navigating custody cases throughout Dauphin County and Central Pennsylvania. Contact Mette Attorneys at Law today by calling 717-232-5000 or by using our online contact form.