Child Custody:

Often the most sensitive and emotional aspect of a divorce is child custody. While clients may be able to “brace themselves” for the emotions involved in a custody dispute, they are unable to gauge how their children will react. I approach custody disputes with the simple philosophy that both parents should act in the best interests of their children. Parents should try to find common ground with one another and use those things they have in common to better the lives of their children.

In Pennsylvania, a custody action is initiated with the filing of a Custody Complaint. Though the rules vary by County, upon the filing of a Custody Complaint both parties will be ordered to attend a Parenting Class. Both parents are also required to attend a Custody Mediation where the parties will appear, without their attorneys, and attempt to reach a resolution to the Custody case with the assistance of a 3rd party Mediator. If the parties reach an agreement while meeting with the Mediator, then the Mediator can draft the agreement. If the parties do not come to an agreement at Mediation, the case will proceed to a Conciliation Conference. The parties attend the Conciliation Conference with their attorneys, and it is held in the presence of a Custody Master. At the Conference, both the clients and their attorneys will get the opportunity to speak with the Master. The Conference is not like a trial, as there is no Court Reporter present and there are no witnesses or testimony. After the Conference, the Master will enter an Order. The Order may simply set forth a Custody schedule and not contain any special provisions. Aside from creating a Custody schedule, the Master may also Order that the parties attend co-parenting classes, undergo psychological evaluations, and/or come back to Court for a follow up Conference at a later date.

A Custody Order will have two main components:

1. Legal Custody: Legal Custody is the right to make decisions regarding the child’s welfare, such as decisions regarding religion, medical treatment, and extra-curricular activities. Typically the parties will have “shared legal custody,” meaning that they share the responsibility for these decisions.
2. Physical Custody: Physical Custody represents the actual time that a parent spends with their child. The parties may share custody of the children equally. Otherwise, the party who has physical custody more than 50% of the time will have “Primary Physical Custody,” and the other party will have “Partial Physical Custody.”

If you want more information regarding the starting and handling of a Child Custody case in Chester County, or if you have been made a party to a custody action, then please call my office to schedule an initial consultation where we can discuss the facts and circumstances of your case.