Parents always have the ability to make their own agreement as to the custody of their children, whether or not the agreement is registered with the court, but when the parents cannot agree, a court must decide who will have custody of a child. In Pennsylvania child custody cases, the most important question facing the court is "What is in the best interests of the child?" This is such an important issue in Pennsylvania that when a judge does not believe that either parent can satisfactorily advocate on behalf of their child or children, the court can and will appoint a guardian ad litem to represent the interests of the child or children.
After a ten year process, Pennsylvania finally enacted a new Child Custody law which was effective on January 24, 2011. The "new" law applies to all child custody petitions filed on or after that date, while the old custody rules apply to cases filed before that date. Some provisions of the new law are actual changes; however, some seek to clarify and consolidate rules that had come into general practice by the courts.
The new law mandates that Pennsylvania judges consider specific key factors when deciding a child custody case and it permits courts to consider any other factor the court deem relevant. It explains how judges are to consider custody petitions by third parties such as grandparents and it requires judges to produce an opinion explaining the rationale for their custody decision. Judges can no longer just enter an order without explaining their decision.
The filing provisions have also changed. Importantly, the new law permits parties to file a custody agreement with the court before a separation occurs so that it will become effective and be in place when the parties separate. The January 24, 2024 law also sets forth the ability of the court to require the parties to file a detailed parenting plan and a specific procedure that a custodial parent must follow before moving away from the geographical area of the other parent.
Custody determinations must be gender neutral. Among other factors judges must consider are the following:
It should be noted that child custody orders may always be modified by the court if it is deemed to be within the "best interests of the child" standard; changed circumstances is no longer the requirement.
Given the constant evolution of Pennsylvania child custody law, it is obviously of paramount importance that you consult with a dedicated and experienced family law attorney like Mary Beth Reinecker when faced with a situation that will involve determining the custody arrangement for your child or children.
Call the Law Office of Mary Beth Reinecker today at: (267) 702-3188 for a free initial consultation to learn how she can help you sort through your complicated family law matters and to discuss your options. You may also contact Attorney Mary Beth Reinecker using the form provided on this website.
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