Are you involved in a contentious custody case in Pennsylvania? Here’s what you should know about the actions you should and shouldn’t take throughout the process.
Dos of PA Custody Battles
Parents in Pennsylvania custody cases can take steps to improve their chances of a favorable outcome. Judges focus on what benefits the child, so parents should be prepared and approach the case with a cooperative attitude to show they have their children’s best interests at heart. Taking the following actions can help parents build a strong case and create a stable environment for their child.
Understanding Pennsylvania Custody Laws
Pennsylvania courts recognize two types of custody: legal and physical. Legal custody gives a parent decision-making authority, while physical custody determines where the child lives. Courts award custody based on the child’s best interests, considering factors like the parents’ ability to cooperate, any history of abuse, and the child’s relationship with each parent.
Prioritizing the Child’s Best Interests
Judges base all custody decisions on what benefits the child. They look at factors such as the child’s emotional and physical well-being, relationships with both parents, and stability at home. Parents should focus on demonstrating that they can provide a healthy environment for the child. Courts often favor parents who encourage a positive relationship between the child and the other parent.
Maintaining a Positive Co-Parenting Approach
Judges prefer it when parents show they can work together. Speaking respectfully, keeping communication open, and cooperating on schedules can make a difference in custody cases. Parents who avoid conflict and focus on the child’s needs present themselves as responsible caregivers. Courts can consider a parent’s unwillingness to cooperate as a reason to limit custody rights.
Keeping Detailed Records
Parents should document all important custody-related matters, including visitation schedules, missed parenting time, and major conversations with the other parent. Records of text messages, emails, and other communications can help if disputes arise. Parents who show consistent involvement in their children’s lives can strengthen their cases in court.
Following Court Orders and Agreements
Judges expect parents to obey custody orders. If a court issues a schedule or parenting plan, parents should comply with all terms. Violating court orders can lead to legal consequences, including loss of custody time or contempt of court charges. If a parent needs to request a change, they should go through the proper legal process.
Working with an Attorney Early On
An attorney can explain custody laws, help with court filings, and prepare parents for hearings. Parents who consult an attorney early in the process can avoid common mistakes that could hurt their cases. If a custody battle becomes difficult or disputes arise, an attorney can help parents present their cases effectively and protect their rights.
Don’ts of PA Custody Battles
Some actions can hurt a parent’s custody case in Pennsylvania. Judges look for signs of conflict, instability, or disregard for the child’s needs. Parents who avoid the mistakes below can improve their chances of securing favorable custody arrangements.
Badmouthing the Other Parent
Speaking negatively about the other parent can hurt a custody case. Courts want to see that parents encourage a healthy relationship between the child and the other parent. If one parent insults or criticizes the other in front of the child, a judge might see this as harmful and limit that parent’s custody or access to the child.
Violating Custody Agreements
Parents who ignore court-ordered custody arrangements risk legal consequences. A judge could reduce their custody time or hold them in contempt of court. If a parent believes the custody order no longer works, they should request a formal modification through the court instead of acting on their own.
Using the Child as a Messenger or Pawn
Parents should never involve children in custody disputes. Asking a child to relay messages, report on the other parent, or take sides puts unnecessary stress on them. Judges view this behavior as harmful. Parents should communicate directly with each other instead of using their child to deliver information.
Ignoring Court Deadlines or Procedures
Courts expect parents to meet all deadlines for filings, hearings, and required documents. Failing to submit paperwork on time or skipping hearings can lead to delays or even case dismissal. Parents who stay organized and follow all court procedures can avoid unnecessary legal setbacks.
Acting Impulsively or Emotionally in Court
Judges watch how parents behave in court. Yelling, interrupting, or making accusations without evidence can hurt a case. Parents should stay calm, present facts, and show they can handle custody matters responsibly. Judges favor parents who demonstrate self-control and respect in the courtroom.
Withholding Visitation Without Legal Grounds
A parent cannot deny the other parent court-ordered visitation without legal justification. If concerns about the child’s safety arise, the parent should report them to the court rather than acting alone. Unauthorized denial of visitation can lead to legal penalties and damage a parent’s custody case.
Contact a Pennsylvania Custody Attorney Today
If you are dealing with a custody battle in Pennsylvania, you need reliable legal guidance. Dawn K. Gull understands Pennsylvania custody laws and can help you protect your rights as a parent. Contact her today to arrange your initial consultation. Call 412-440-5718 or fill out this online form to get started.