Harrisburg Child Custody Lawyer

The well-being of a child during and after the divorce process is important to every parent. With competent legal counsel, you can ensure that you are represented with vigorous advocacy throughout all steps of the divorce process — including determining custody arrangements. At Scaringi Law, we recognize the importance of being creative in developing legal resolutions and strong advocacy.

Call Scaringi Law, at (717) 775-7195 to ask about our initial consults at any of our offices: Harrisburg and Newport.

Child Custody Laws in Pennsylvania

Judges will consider a number of factors when awarding custody. The outcome of your custody case can depend greatly on the attorney who is representing your interests. At Scaringi Law, we are well-versed in family law in Pennsylvania and have handled both straightforward and complex custody cases involving:

• Primary physical custody: When the child lives primarily with one parent and the other parent has some lesser amount of time with the child (e.g., every other weekend or certain weekdays)
• Shared physical custody (joint custody): Sometimes called joint custody, this is when the child lives with both parents for about an equal amount of time and most duties are shared 50/50.
• Supervised custody: When a parent has the chance to visit the child in the presence of a third party

5 Keys to Crafting a Child Custody Agreement That Works for Everyone

A custody agreement is not an indictment of parenting ability. It is not a sign that you cannot trust the other parent. Rather, it is a sign of good intentions, as writing down any agreement tends to help parties ensure that they each have the same understanding of the terms, which reduces the chances of a disagreement in the first place.

A custody agreement is, at its best, a flexible outline of intended actions, and a fallback to settle future disagreements where one parent does not want to or is not able to, be flexible. It offers a default position to help both parents predict and schedule family gatherings, extracurricular events, transportation, and similar needs. It is ultimately a guideline to help two parents understand their shared duties and reduce miscommunication and conflict.

Can a Father Get Custody of His Child in PA?

In PA, in most custody cases, fathers are awarded joint legal and physical custody. However, if a mother earns more than a father, a judge may order that a mother pay child support to the father.

If the agreement is to work, it should benefit the child, which sometimes means putting aside the parent's emotions in favor of the child's best interests.

Here are five tips for crafting the best custody agreement:

Find the Best Solution for Your Family

Parents should put emotions aside and focus on their joint responsibilities. Parents must treat it as an arms' length business relationship: Parents are partners in raising a child, for life, and the goal is to make the overall situation better for the child - not to prove the other parent inferior. 

A custody agreement is about finding creative solutions to two adults living apart but juggling various shared responsibilities in a manner that appears smooth and seamless to the child. Not only is this method of parenting most likely to aid in the physical and emotional development of your child, but a parent's cooperation in doing so will be looked upon favorably by the court, should a modification occur down the road.

Be Realistic

On paper, a child custody agreement can seem precise. Handoff times are often set down to half or quarter-hour. Every day, appointments must be kept, drop-offs and pick-ups must be made, and deadlines must be met. In reality, life happens. Cars don't start. Traffic jams occur. And human beings make mistakes, mix up schedules, and run late. 

This is why custody agreements need breathing room. Be realistic. Realize that school and daycare schedules change. Transportation to various schools will evolve. And there will be new commitments involving sports, extra-curricular activities, and friends over time, by the child's choice. 

That said, if a parent has consistent problems with tardiness or keeping to part of the schedule, modifications may be in order.

Location is Everything

Seldom does a factor complicate a custody agreement more than a great physical distance between parents. Under Pennsylvania statute, a party with physical custody cannot unilaterally move too far away from the other without following certain rules and procedures, including possibly having the proposed relocation approved by a family law judge. 

The court looks at 16 factors regarding the best interests of the child. Location is one of the biggest factors because it determines a child's school, friends, family, and other important people in his or her life. 

The closer both parents remain in proximity, the better custody agreements generally work for the child. Physical distance adds the stress of travel and the possibility of failed plans - along with the possible feeling of being caught between two worlds and alternate realities. Further, stability is one of the key factors judges prize in custody agreements. Moving often, especially over great distances, undermines that stability.