If you are facing a child custody case or a divorce that involves minor children, the distinction between legal and physical custody matters. Legal custody addresses who has the responsibility of making the primary parenting decisions moving forward. Physical custody, on the other hand, resolves the matter of how the parents will divide their time with their shared children. Child custody concerns relate to your rights as a parent, which means that they are important. Our experienced Pennsylvania child custody attorney at The Law Offices of Dawn K. Gull is standing by to help.
The Best Interests of the Children
When Pennsylvania courts make important decisions regarding children, including both physical and legal custody, they are always guided by the children’s best interests. The kinds of best interest factors that are considered in the decision-making process include all the following:
- Each parent’s relationship with each of the children
- Each parent’s ability and commitment to care for the children and secure their safety
- Each parent’s commitment to fostering a close, loving, and ongoing relationship between the children and their other parent
- The level of involvement each parent has had in raising the children to this point
- How well the children’s current living situation, or the status quo, serves their needs in terms of their home life, education, and overall community
- The children’s relationships with one another
- The extent to which extended family members are supportive in the children’s lives
- Any child neglect or abuse concerns
- Any parental alienation fostered by either parent
- The preferences of those children who are considered mature enough to participate in the process
The goal of Pennsylvania courts is always to identify and uphold the children’s best interests. Whenever warranted, this means awarding shared physical and legal custody, which is generally considered beneficial for children, barring a significant reason for ruling otherwise.
Legal Custody
Legal custody sets the ground rules for making those big-picture parenting decisions that address matters like the following:
- The children’s medical needs
- The children’s schooling
- The children’s participation in extracurricular activities and travel
Most competent parents share legal custody. In rare instances, one parent may, have the authority to break a tie, and these decisions can be divided between the parents according to topic.
Physical Custody
Physical custody is defined by the number of overnights the children spend with each parent when they share custody. Only if there is a serious reason will one parent be denied time with the children altogether, or will supervision be required.
Often, physical custody is shared, but one parent may take on the primary custodial role. This means having the children for most of their overnight stays.
Consult with Our Experienced Pennsylvania Child Custody Lawyers
Dawn K. Gull is a seasoned Pennsylvania child custody attorney at The Law Offices of Dawn K. Gull who appreciates how important your child custody case is and is committed to fiercely advocating for your rights and fair terms. Learn more about what we can do to help by contacting us online or calling our firm at 412-440-5718 today.