Pittsburgh Child Custody Lawyers

Trusted Child Custody Attorneys in Pittsburgh

The Pennsylvania courts take special interest in the rights of children of parents who are divorced, separated or unmarried. In 2011, the state enacted a new custody law for the first time in nearly 30 years, formalizing court decisions which developed over decades of custody litigation and making some important changes to the law.

The Pittsburgh child custody lawyers at Pollock Begg care deeply about the rights of parents and children and offer valuable insight into the nuances of Pennsylvania’s custody laws.

Does Pennsylvania Require a Custody Order?

Some parents believe they must have a custody order to make their divorce complete. If an informal custody arrangement is working well, it is not always necessary to put it in writing. Custody orders may be beneficial to establish boundaries, set rules or to travel outside of the U.S., but flexibility and cooperation may be sacrificed. When parents do not have a custody order, they might simply keep a custody schedule that is working. This will help them to prove the status quo if there is ever a dispute requiring court intervention. Pollock Begg lawyers can assist parents to determine if a custody order is right for them and how to present their case in custody negotiations and court proceedings.

Do You Have to Litigate Custody?

Few areas of the law can be as contentious and unpredictable as custody litigation. In most cases, both parents are fit, capable and free of mental illness, substance abuse problems or abusive tendencies. In those cases, the outcome may hinge on subtle issues magnified under judicial scrutiny. Custody litigation should not be undertaken lightly because of the profound effect it may have on the parents and children. By putting a judge in charge, families may lose control over important aspects of their lives. Most people would not want a stranger to decide how often they see their children and under what conditions, even if the stranger is a judge. This is why settlement is usually the best alternative to custody litigation unless there are severe problems. However, settlement is not possible in every case.

What Is the Custody Process in Pittsburgh?

Our courts have intentionally erected obstacles to dissuade parents from fighting in court. For instance, parents are required to attend mandatory custody education and mediation sessions before they proceed to court. Even when the courthouse door opens to them, parents must attend conciliations (settlement meetings) before hearings are scheduled. In some instances, a judge may order custody evaluations to assist in making their decision. The custody evaluations take time and may be expensive. Judges are mindful of the best interests of children. Their goal is not to avoid hard choices, but to encourage parents to set aside their differences when making decisions affecting the most vulnerable people involved in a divorce — the children.

What Custody Factors Do Judges Consider?

To determine the child’s best interests, the Pennsylvania custody law contains a list of statutory factors that must be considered in every custody decision. In fact, the appellate courts have repeatedly maintained each of the 16 criteria must be specifically addressed in detail by the court. That’s why it is so important for parents to be prepared when they are facing a custody hearing. Pollock Begg’s team of custody lawyers brings years of experience to developing a narrative which makes sense and considers all the factors required to reach a custody decision.

Pennsylvania’s custody factors focus on which party is most likely to ensure the safety of the child and maintain a nurturing relationship with the child while attending to his or her physical, emotional, developmental, educational and special needs. Other factors including availability of extended family, sibling relationships, preference of the child (when appropriate based on maturity and judgement) and proximity of the parties’ residences are weighed by the court.

Factors such as past and present abuse committed within the parties’ households, history of drug or alcohol abuse, the mental and physical health of the parties and the willingness of the parties to cooperate and co-parent are considered as well.

Which Evidence Is Relevant in a PA Custody Case?

To negotiate a settlement or go to a custody trial, a parent must gather information and documents to identify the child’s best interests. It may be useful to keep a journal of the events that affect a child’s life, such as visitation with the other parent, school activities, family and religious activities, medical and counseling appointments and other events. These notes and journals should be focused on evidence that relates to the 16 custody factors.

If a parent is seeking to change the status quo, he or she should be prepared to give a compelling reason for the change and explain how to minimize disruption to the child’s life. A parent should be prepared to describe a “typical day” if awarded primary physical custody, including who will provide childcare during work hours, who will transport the child to school, activities and appointments and who is available to care for the child if the child becomes ill while a parent is working.

Information on the physical facilities in the parent’s home, particularly the child’s bedroom, may be weighed along with the home’s proximity to schools, churches, day care, medical facilities, playmates and babysitters.

Parental attempts to influence the child’s preference reflect poorly on the parent because it places the child in the center of the parents’ conflict, but a parent may collect evidence that demonstrates their bond with the child such as homework or pictures created by the child.

What Does a Custody Evaluator Do?

To determine the best interests of the children in a custody case, the judge may appoint a custody evaluator who is a psychologist or social worker with experience in child development. The evaluator does not decide who will get custody but makes recommendations which might be influential on the outcome. The custody evaluator will interview the child, the parents, the parents’ spouses or significant others and other witnesses such as teachers, therapists or physicians. A parent should try to be familiar with what these witnesses will say to the evaluator. It may help to make a list of contacts, including names and phone numbers for the child’s teachers, coaches, therapists, physicians and other significant persons.

What Is Legal Custody?

Pennsylvania law distinguishes between physical custody, defined as the actual physical possession of a child, and legal custody, the right to participate in medical, religious, educational and other decisions.

Pennsylvania courts encourage both parents to be involved in making day-to-day decisions as well as major decisions; however, there are some cases in which legal custody is awarded to one parent.

Parents who are seeking sole or shared legal custody must demonstrate they are familiar with their child’s medical needs, teachers, grades, friends, activities, religious training and other important information. The court may also consider whether a parent can understand their child’s perspective, formulating reasonable opinions, communicating with the other parent and refraining from undue influence or asking the child to make adult choices.

When a parent suffers from addiction, mental health conditions or medical issues limiting their ability to be involved, the court may award sole legal custody to the other parent on all or some issues. Sometimes a court may order random or scheduled testing; in other cases, a parent’s decision-making power may be limited to minimize the risk to the children. Each case is a delicate balance of these factors, and it helps to have an experienced custody lawyer present evidence in the most compelling fashion.

Who Decides What School a Child will Attend?

Each summer, our courts must resolve a backlog of cases in which parents cannot agree upon which school their children will attend. Sometimes it is a choice between public and private or parochial schools; in other cases, it is a choice between school districts or catchment areas. Instead of deciding which school, some judges view their decision as a choice between the two parents: who will be responsible for making decisions about education if they cannot agree between themselves. Parents who want the right to decide where their children will attend school must demonstrate they are deeply involved in their children’s education by attending school functions, participating in IEP meetings and teacher conferences, helping children do homework and participating in educational activities outside of school.

School enrollment issues should be addressed as soon as possible through negotiation or in court, if necessary. Waiting until the end of summer creates a crisis that may lead to unsatisfactory results. Our lawyers encourage parents to start early and develop well-conceived plans when litigating school choice issues.

What Happens When Communication Between Parents Totally Breaks Down?

Many parents involved in custody disputes report the other parent will not communicate in a polite manner or the other parent withholds information entirely. Whether divorced, separated or living together harmoniously, all parents who wish to be involved with their children’s lives must communicate civilly. The child’s best interest always must come first. In contested custody cases, the court may closely scrutinize each parent’s ability to communicate. If they are not communicating well, the court may determine which parent is at fault, which can be a major factor in determining legal custody.

The consequences of losing legal custody may be significant. Pollock Begg family law attorneys are skilled in guiding clients to amicably resolve this issue, and as always, prepared to litigate if necessary.

Whether relations between the parents are contentious or friendly, custody decisions are still complex, and a judge’s decision can be impacted by subtle considerations within the custody factors.

Contact our offices at 412.471.9000 to make an appointment with one of our Pittsburgh child custody lawyers today to ensure the intricacies of your case are addressed by an experienced professional.