Pennsylvania Child Custody and Child Visitation

"Child custody" in Pennsylvania is a term used to define the person who has custody or authority over a minor. Pennsylvania child visitation rights refer to the noncustodial parent's (parent without custody) right to visit and spend time with his or her child. In determining child custody and visitation rights, Pennsylvania courts will ultimately do what is in the best interests of the child. Courts in Pennsylvania take a number of factors into account when determining the best interests of the child. The information below will list these factors along with other relevant laws regarding child custody and child visitation. Due to the important nature of child custody and child visitation proceedings, you should surely seek out a Pennsylvania child custody lawyer if going through such proceedings.

Pennsylvania Child Custody

In a divorce, a Pennsylvania court may award sole or shared custody to a parent. The court will grant sole custody if it is in the best interests of the child and similarly will grant shared custody if it best serves the child. When making this determination, the court will consider the child's preferences along with other factors that will impact the child's physical, intellectual, and emotional well-being. Additionally, the court will consider which parent will provide a b, continuing, and sustainable relationship with the child. Present or past violent or abusive conduct by a parent is also bly considered by courts in Pennsylvania.

If a parent in a Pennsylvania child custody hearing has been charged or convicted of a crime:

• A Criminal Charge (not a conviction) against one parent also warrants the other parent to bring an action to modify an existing custody order or to gain temporary custody.
• Convictions are taken into consideration before granting full custody, partial custody, or visitation rights.
• The court will consider the criminal conduct and determine whether the parent poses a threat to the child due to the type of conduct.
• If the conviction is for the crime of murder, no court may award custody to such a parent.
• A convicted (non-murder conviction) parent must receive counseling from a court appointed professional and the professional must provide a report to the court assessing the parent's fitness to be a parent.
• Upon review of the report, the court may deny custody or visitation rights if it finds that the parent poses a threat of harm to the child.
• If the court grants custody or visitation rights to a convicted parent, then the court may require subsequent periodic counseling and reports to ensure the continued fitness of the parent.

A sole custody order may be modified at any time to an order of shared child custody. If there is an order of shared child custody, a Pennsylvania court may require that parents submit a plan for the implementation of the custody order. In doing so, the domestic relations section of the court may help the parents create the implementation plan.

A parent seeking child custody in Pennsylvania is bly encouraged to obtain a Pennsylvania child custody attorney to ensure that everything possible is done to succeed in court.

Pennsylvania Child Visitation Rights

The rights of a noncustodial parent (parent without physical custody of the child) are called visitation rights. Pennsylvania courts will consider many of the same factors used to determine child custody when determining an appropriate order for visitation rights, which includes child abuse, criminal convictions, and a child's wishes. Ultimately, visitation rights are granted in accordance with the best interests of the child standard. If a parent does not pose a threat of harm to his or her child, then a Pennsylvania court will likely grant reasonable visitation rights to the parent.

Visitation rights granted by the Pennsylvania court to a noncustodial parent are enforceable by law. A custodial parent cannot attempt to or interfere with the noncustodial parent's visitations granted to them. If a custodial parent does so, the Pennsylvania may take action in response to the violations.

It is imperative to discuss your child visitation rights with a Pennsylvania child custody lawyer.

Pennsylvania Statutes

Child Custody and Child Visitation

1. Pennsylvania Child Custody

1. Tit. 23, Chp.53 §§ 5303, 5304.

2. Pennsylvania Visitation Rights

1. Tit. 23, Chp.53 §§ 5303.