CHILD CUSTODY:
At the time of divorce, the court will make determinations regarding legal custody and physical custody. Legal custody involves a parent’s right to make decisions regarding where a child goes to school, religious practices, health care and other important issues. While physical custody can be shared or primarily with one parent with the other parent having partial physical custody. In awarding child custody, Pennsylvania courts determine what is in “the best interest of the child” to make their decision. If parents cannot present a suitable parenting agreement for the court to adopt, it will issue its own controlling order to settle the matter.
TYPES OF CUSTODY/VISITATIONS INCLUDE:
Physical custody – Having the child under your actual care and control
Primary legal custody – The right to decide the child’s medical care, education, religion, etc., to the exclusion of the other parent. Rarely does the court grant primary legal custody to a parent.
Shared legal custody – The right of both parents to participate in major decisions about the child and to each have time when the child is in their care. Most custody orders are for shared custody.
Primary residence – The home of the parent where the child spends most of the time based on the number of overnight visits during the week
Non-custodial parent – The parent with whom the child does not live most of the time
Partial custody – The time the child is in the home of the non-custodial parent. Most non- custodial parents get partial custody with their child, typically on weekends and for periods of time during the summer.
Visitation – The right of a non-custodial parent to spend time with their child, but with no right to take the child from the primary residence. A non-custodial parent will only have contact with his or her child limited to visitation under certain unusual circumstances where the court decides it would be in the child’s best interests.
Supervised visitation – The right of the non-custodial parent to visit only if someone is supervising the visit. Supervised visitation is only ordered if the court decides the non- custodial parent may endanger the child unless another appropriate adult is present during the visit. A presumption for joint custody exists when both parents are found to be competent caregivers
CHILD SUPPORT:
As a highly qualified and experienced attorney, Mark’s concern for your children’s financial well-being is something that he does not take lightly.
Pennsylvania law has established general child support guidelines. Mark strives to achieve the best possible financial solutions within the framework of those guidelines. The court may calculate basic child support with truthful, accurate data that is provided through the process of discovery.
Mark will make sure you have a complete understanding of the Pennsylvania Support Guidelines, assist you in negotiating the amount of support through the mediation process and, if necessary Mark will vigorously litigate any issues that may arise.
Child support is also enforced when court ordered amount is not paid on time and Mark is the attorney who will fight for you. Whether you find the need to modify and/or enforce your child support orders, Mark will represent your rights with tenacity and determination. Some of these changes may include; loss of a job or source of income, increased or decrease of wages, incarceration of a parent, the need to support other children, marriage, the disability of a parent as well as new educational expenses, including additional for activities such as sports.