Legal Question in Family Law in Pennsylvania

Custody question

If someone was trying to get a divorce and has a child with the spouse, how does shared custody work? He has an addiction past and has been arrested in the past for minor offenses. Does this weigh heavily on custody? How much does all that matter? He has a great job, money and is doing very well now.


Asked on 8/30/04, 11:11 am

1 Answer from Attorneys

Ilene Young Young Law Offices

Re: Custody question

In order to get a case analysis of the particular facts of your situation it is necessary to meet with an experienced domestic relations attorney who practices in your county and discuss with her your own individual circumstances.

That having been said, in custody decisions, the "best interests of the child" is the deciding factor. Each individual's fitness for custody is to be viewed as of the time of the custody petition, but evidence of past behavior may be considered as predictive of current or future behavior. An experienced local practitioner will know how these guidelines are applied by the judges in your local courts.

Shared or partial custody can be arranged in whatever fashion suits the circumstances of the parties and serves the best interests of the child. While most custody arrangements have a primary physical custodian who has the child during the bulk of the school week, with the other parent having the child on weekends, either alternate or every week, with shared holidays, this is not required. Shared legal custody implies joint decisionmaking regarding the child. Sole legal custody has one parent responsible for the childrearing decisions.

Again, you must discuss the particulars of your individual situation with your own attorney to fashion a workable custody arrangement for yourself.

Ilene Young, Esquire/ Civil & Family Practice/215-444-0445

NOTICE

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.

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Answered on 8/30/04, 2:21 pm


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