Child Custody Safe and Protected, Powerfully Represented

Philadelphia Child Custody Lawyer

Child Custody Attorney in Philadelphia, PA Protecting Parental Bonds and Child Welfare Throughout Southeastern Pennsylvania

Child custody cases are often extremely difficult, and they can be quite contentious. Courts in Pennsylvania, as in many other states, rely on the “best interests of the child” standard when determining what type of child custody arrangement is appropriate. If you need assistance with your child custody case, you should seek assistance from an experienced Philadelphia child custody attorney.

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Types of Child Custody in Philadelphia, PA

Philadelphia courts award both legal and physical custody to parents in a child custody case. In many situations, child custody cases will arise out of a divorce in which there are minor children from the marriage. Yet child custody cases can also come up when unmarried parents decide to break up, or in situations where a biological parent comes forward to seek parental rights. Here is how Pennsylvania law defines the different types of child custody in the state:

Sole legal custody, in which only one parent has exclusive legal custody of the child, and the “right to make major decisions on behalf of the child, including, but not limited to, medical religious, and educational decisions”;
Shared legal custody, in which both parents share legal custody of the child and both share the rights outlined above;
Sole physical custody, in which only one parent has exclusive physical custody of the child, which involves the “actual physical possession and control of a child”; and
Shared physical custody, in which both parents “assume physical custody of the child, each having significant periods of physical custodial time with the child.”

Pennsylvania law also uses the term “partial physical custody,” which refers to a situation in which one parent or one part has a “right to assume physical custody of the child for less than a majority of the time.”

Factors for Determining Child Custody in Philadelphia

Courts can take into account a wide variety of factors when determining what is in the best interest of the child for purposes of awarding child custody. Pennsylvania law makes clear that the court should consider all relevant factors and should give particular weight to any factors that concern the child’s safety. Examples of some of the factors a court will consider include but are not limited to:

Which parent is more likely to encourage frequent and continuing contact between the child and the other parent;
History of child abuse or domestic violence
Child’s relationship with siblings;
Child’s preference in situations where the child can articulate a well-reasoned preference based on the child’s maturity and judgment;
Likelihood of the parents to attend to the child’s daily caretaking needs;
Proximity of the parents’ residences;
Level of conflict that currently exists between the parents;
History of alcohol or drug abuse by either of the parents; and
Mental and physical health of the parties.

There are numerous other factors that the court may consider that are specifically enumerated in the statute, and the court can also consider any other relevant factors that are not listed.

Contact a Child Custody Attorney in Philadelphia, PA

When you are facing a child custody case, it is essential to have an experienced Philadelphia child custody attorney on your side.

The Person Who Sees The Whole Picture Meet Michael T. van der Veen

From local business owners, to the President of the United States, we fight for everyone's best interest. As founder of the firm, Michael T. van der Veen effortlessly combines accessibility, experience, negotiation, collaboration, and compassion to achieve results. He is the rare trial attorney who excels in both civil litigation and criminal defense. Known for his unwavering commitment to serving as the voice of the victim and advocate for the accused, he has established his reputation by winning multimillion-dollar jury verdicts in State and Federal Courts, as well as winning major criminal trials across the country.

Frequently Asked Questions About Child Custody in Philadelphia, PA

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Courts use the best interests of the child standard, evaluating many factors such as each parent’s ability to provide daily care, history of abuse or domestic violence, the child’s relationship with siblings, the level of cooperation between the parents, proximity of the parents’ homes, and the child’s preference when appropriate. Judges give particular weight to factors involving the child’s safety and emotional well-being.
Legal custody refers to the right to make major decisions for the child, including medical care, education, and religious upbringing. Physical custody refers to where the child lives and who provides day-to-day care. Either type of custody can be sole or shared, depending on what the court finds is in the child’s best interests.
Yes, but it depends on the child’s age, maturity, and ability to express a well-reasoned preference. Pennsylvania courts may consider a child’s opinion, but it is only one factor among many and will not solely determine the outcome. The court’s primary focus always remains the child’s best interests.
Yes. Custody orders can be modified when there has been a substantial change in circumstances affecting the child’s well-being. Examples include relocation, changes in a parent’s work schedule, concerns about safety, or significant shifts in the child’s needs. A parent seeking modification must file a petition and demonstrate why a new arrangement is necessary.

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