Frequently Asked Questions About Child Custody In Delaware County
Child custody is one of the most complex and confusing issues for parents during and after the divorce process. Parents know how much is on the line, including the amount of time they spend with their children. If you have a child custody issue, you likely have a lot of questions. Below, our Delaware County child custody lawyer outlines some of those that are most frequently asked, and the answers to them.
How are Child Custody Decisions Made?
The most commonly asked question about child custody is how decisions are made regarding who will be awarded the most amount of time with their children. As with most legal matters, the answer is that it depends on multiple factors. If you and your spouse are able to agree on the issue, you can create a plan that is fair to everyone. If the matter goes to court, a judge will determine who will get child custody. When making this decision, the court will only consider what is in the best interests of the child.
What are the Different Types of Custody?
When most people think of child custody, they often think of physical custody. This type of custody determines which parent the child will spend the majority of their time with after a divorce. Another type of custody, legal custody, determines which parent has the authority to make important decisions for a child, such as the type of education they will receive and the religion they will be raised in.
The courts typically try to award joint physical and legal custody. When this is not practical, one parent may be awarded sole custody. When sole physical custody is awarded, the other parent is typically given visitation rights, except in the most extreme situations.
Who Pays Child Support when Parents Share Custody?
When one parent has primary custody, the non-custodial parent typically has to pay child support. When parents share custody, though, who pays child support then? Again, the answer depends on many factors. If one parent spends time with a child for 40 percent or more overnight visits per year, the assumption is that they have a right to pay a lower amount of child support.
Can Grandparents Receive Child Custody?
Yes. Pennsylvania lawmakers have enacted the Grandparents Visitation Act, which gives grandparents the right to pursue physical or legal custody of their grandchild. In order to be successful, grandparents must prove to the court that it would be in the child’s best interests to live with them instead of their parents. Grandparents must also have taken on the role of the child’s parent for a period of at least 12 months, and they must have a relationship with the child that began with a court order or the consent of the parents.
Our Child Custody Lawyer in Delaware County Can Answer Your Questions
If you have a child custody order, you have many questions. At Barbara Flum Stein & Associates, our Delaware County child custody lawyer can answer them for you and provide the legal representation that will give you the best chance of a positive outcome. Call us now at 610-565-6100 or contact us online to schedule a consultation and to get the answers you need.
Sources:
legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=53
legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.053..HTM
