In Bucks County, child custody cases fall under Pennsylvania state law, which prioritizes the “best interests of the child.” What does this really mean? It’s not about which parent wants what or who thinks they deserve more time – only what is healthiest, safest, and most beneficial for your child. Let’s take a closer look at the finer details and see what exactly these arrangements entail.
Who Handles Custody Cases?
No matter if your custody case is part of a divorce or a separate legal matter, it’s going to be handled by the Family Court in Bucks County. While there are specialized judges who focus solely on family law matters, the process doesn’t always begin with them.
First, it may go to a “Family Master,” who is a neutral mediator. Their job is to help you and the other parent work out an agreement without a full court hearing. If you and your ex can come to an arrangement with the help of the Family Master, it is a positive step set in the right direction.
However, it is not the end of the road. According to child custody laws, terms still need to be approved by the judge before it becomes a custody order. If you and the other parent can’t reach an agreement with the Family Master, the case will move on to a judge for a formal hearing.
Types of Child Custody Arrangements
In Pennsylvania, we deal with two main types of child custody: physical and legal. However, these are independent of each other. That means securing one type doesn’t automatically mean you’ve secured the other by default. Each is a separate matter and needs to be addressed on its own. Here’s a quick overview:
Physical Custody
Physical custody defines which parent takes care of the child’s daily needs, i.e., feeding them, getting them to school, and making sure they see the doctor. It can be set up in a few different ways:
- Shared Physical Custody: Both parents take an active role in their child’s daily care, following a balanced schedule. This could mean alternating weeks or even months.
- Primary Physical Custody: The child mainly lives with one parent, while the other has scheduled visitations, weekends, or a couple of nights during the week. This setup is usually best when one parent is best suited to provide day-to-day care.
- Sole Physical Custody: One parent has full responsibility for the child’s daily needs, while the other parent may have visitation rights. Visitations may be supervised if necessary.
Legal Custody
Legal custody relates to decision-making, e.g., which school your child attends, what medical treatment they get, even their religious upbringing, and so on. There are two types:
- Shared Legal Custody: This is the most common arrangement and requires both parents to agree on all decisions. Anytime there is a dispute and consensus cannot be reached, the matter goes to court, where a judge makes the final call.
- Sole Legal Custody:Here, one parent makes all the decisions about the child’s life. This usually happens when it’s clear that one parent can’t or shouldn’t be making these choices. It may also be ordered when having one parent in charge is in the child’s best interest.
Factors the Bucks County Court Considers
Every custody case is unique. That is why the court weighs several factors before deciding on an arrangement, including:
- The child’s safety. This is the court’s top priority. Any history of abuse or neglect is a major red flag.
- Parental involvement, i.e., who’s been caring for the child the most? The parent who’s been the primary caregiver is likely to have a stronger case.
- Stability. The court tries to disrupt a child’s life as little as possible. If one parent offers a more stable environment, like keeping the child in the same school, that’s a big plus.
- Parental cooperation. Can you and your co-parent work together smoothly? If so, joint custody is a strong possibility.
- The child’s preference. While your child’s choice is not the final say, their opinion may sway the court, especially if they are older.
- A history of substance abuse. Any history of drug or alcohol abuse is another point of concern. If any parent has a history, it could lead to limited or supervised custody.
- Mental and physical health.The court also assesses each parent’s health to ensure they’re capable of meeting their child’s needs.
How to Prepare for a Child Custody Case?
When preparing for their child custody case in Bucks County, I tell all my clients the same thing: get organized! Start documenting every aspect of your child’s life and track your involvement. This helps build a strong case for your role as a dedicated parent.
Next, create a detailed parenting plan. Lay out your proposed custody arrangement clearly and how you intend to handle decision-making. This plan isn’t just for show. It demonstrates your readiness to provide your child with a structured home.
If mediation is on the table, come prepared with a clear and realistic proposal, but be ready to negotiate. Custody arrangements are rarely one-sided. Both parents need to compromise. Most importantly, don’t underestimate the value of consulting a family law attorney. Not only can I help you navigate the legalities, but I can also provide practical advice if your case goes to court.
What Happens If I Violate a Custody Order?
Nothing good. Child custody orders are not suggestions. They are legally binding. If either parent violates the court’s order, that’s called contempt, and it’s a serious offense.
The judge might tighten the custody terms to limit opportunities for further violations. They could also hit the offending parent with penalties or, in extreme cases, throw them in jail. The bottom line is that custody orders are meant to be followed, and the court won’t hesitate to enforce them.
What If I Disagree with the Custody Order?
If you find yourself at odds with a child custody order issued by the judge, there are steps you can take to address it. First, you can request the judge reconsider the decision. Otherwise, you can appeal the decision to the Superior Court.
However, you only have a 20-day window for either. So, you need to act fast and have a solid reason why the court should review your case. It helps to have legal representation here, especially if you face opposition from the other parent.
What If I Want to Change the Custody Terms?
As children grow and life circumstances shift, it’s only natural that you might need to adjust your custody terms. While it’s fantastic if you and the other parent can agree on new arrangements, I strongly advise making these changes through the court for two main reasons.
First, without a formal modification from the judge, you’re still bound by the original order. If disputes come up later, the court will enforce the initial terms, leaving you in a tough spot.
Second, any alterations to custody terms need the judge’s official approval. Without this legal endorsement, your revised terms aren’t worth much in court. This could lead to one or both parents being held in contempt of the original order if disputes arise or someone decides to revert to the old terms.
Custody Case Ahead? Get Expert Advice
Child custody cases are seldom straightforward and can quickly become emotionally charged. However, as a Bucks County family lawyer with over three decades of experience, let me tell you, the courts aren’t interested in how you feel. All they want is for the child to have a healthy, stable environment in which to grow up. Ultimately, every detail matters, and reliable legal representation makes all the difference.
If you’re facing custody issues, reach out to me, Larry H. Lefkowitz. As an experienced family law attorney who has handled numerous family law cases in Lower Bucks County and Northeast Philadelphia, I don’t just bring an understanding of Pennsylvania custody law. I also bring my commitment to safeguarding your rights and advocating for what is best for your child. Call (215) 750 – 9202 today, and let’s work together on your child custody case.
