West Chester Child Custody Lawyer

When dealing with child custody or visitation, our clients appreciate the caring and supportive atmosphere that we provide to families along with our legal ability and experience. When deciding issues regarding child custody, the courts in Pennsylvania will consider many factors including the preference of the child, the mental and physical health of the parents, the relationship between the child, the parents, and any siblings, and a number of other pertinent factors.

At Ciccarelli Law Offices we understand the impact that divorce and parental separation has on children. We work hard to negotiate effective custody arrangements that directly addresses the best interests of your children. At Ciccarelli Law Offices we advocate the rights of all family members during the difficult process of family dissolution. We help families establish Pennsylvania child custody agreements that recognize and respond to all family relationships. Our Chester County family law attorneys handle shared custody, sole custody, and joint custody matters involving fathers’ rights; grandparents’ rights; paternity issues; visitation agreements; adoption; and temporary custody.

Lawyers Experienced in Fighting for What Matters

Negotiation and compromise in the child’s best interest is always the approach to emphasize first. A respectful, honorable, more humane decision-making is preferable to, and less traumatic than, litigation. Clinical research shows the importance of ongoing relationships with both parents. We work with mothers and fathers to develop child custody agreements that respond to this fundamental need.  We seek custody arrangements that benefit the children of divorce or separated parents and serve primarily the best interests of the child or children.

Learn about Custody Law in West Chester

In Pennsylvania, legal custody is the right to make important decisions that impact children including decisions regarding education, religion, and medical care. If PA parents are able to cooperate in any minimal fashion, legal custody is often shared between the parents. Under a PA shared legal custody arrangement, the parent who has physical custody on a given day makes routine day-to-day decisions impacting a minor child and the parties share the responsibility for making major decisions. Learn more about Custody Law in Chester County by contacting West Chester PA Custody attorney, Hilary Styer.

How is custody decided in Court in Chester County?

Most of the time, parents are able to come to an agreement on the best type of custody arrangement for them and the children. After all, isn’t it better for the parents to decide what is the best custody arrangement for their children rather than a judge who doesn’t know the parents or children? Even when the parents are angry at each other, hopefully they can step back from their anger and realize that both parents play an important role in their children’s lives.

Partial custody is the right to take possession of a minor child or minor children away from the custodial parent and may include the right to have overnight custody with the child or children. Shared physical custody (sometimes referred to as joint physical custody) is the term used to designate frequent and continuing contact between the child or children and his or her parents and is the term generally used when both parents have almost equal overnight periods of custody. Primary custody is the right of one parent to have the majority of custodial time with a minor child or minor children. Sole physical custody is rarely awarded. Sole custody is the award of custody rights to one parent with no custody rights to the other parent. In order to fight for custody you have to file a Custody Complaint. ie. If you live in West Chester PA, or Downingtown PA or Kennett Square, the Custody Complaint would be filed in Chester County.

Obtaining Child Custody

Learn about seeking custody rights in Chester County: Most of the time, parents are able to come to an agreement on the best type of custody arrangement for them and the children. After all, isn’t it better for the parents to decide what is the best custody arrangement for their children rather than a judge who doesn’t know the parents or children? Even when the parents are angry at each other, hopefully they can step back from their anger and realize that both parents play an important role in their children’s lives. Learn more from A West Chester PA Custody lawyer.  Contact us (610) 692-8700.

In some cases, the parents are not able to speak to each other without fighting let alone come to an agreement regarding custody. If the parents are not able to agree on a custodial arrangement, court action may be necessary. The formal legal process begins with the filing of a custody complaint. Generally, the complaint is filed in the state and county where the child has lived for the past six months.

In Chester County, our custody lawyers are experienced in filing a custody complaint, getting a hearing scheduled before a Master and do his best to both prepare to fight for custody while using his reasonable negotiation skills. If an agreement cannot be made at the conference before the custody master or hearing officer, home studies and/or psychological evaluations of the parents and children may be ordered. Once the psychological evaluations are completed and a report is issued, a hearing is then conducted and the court will determine the custodial arrangement that is in the best interests and welfare of the children.

Best Interests of the Child in a Divorce Case

The Custody Judge, whether he is based in West Chester PA or Philadelphia or Lancaster will look at “the best interests of the child” which includes looking at all factors which have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.

The best interests of the child analysis generally includes consideration of any prior custody arrangements including the amount of time each parent has spent with the child in the past; the involvement of each parent in the child’s school, religious upbringing and medical care; whether there are other siblings or half-siblings in either parent’s residence; the child’s preference if the child can articulate a justifiable reason for the preference; the school district where each parent resides and the distance between the parents’ residences; whether either parent or the children suffer from any psychological or physical conditions; whether either parent abuses prescription or illegal drugs or alcohol; whether the parents are able to communicate and cooperate with each other regarding the children; whether either parent has attempted to undermine the other parent’s custody rights; and any other factors that may impact the minor children’s best interests.

In Pennsylvania, under section 5313(b) of the Pennsylvania Domestic Relations Code, grandparents have the right to sue for primary custody of their minor grandchildren. While any grandparent may file a Complaint for Custody, in a case contested by the biological parents, a grandparent has strict evidentiary burdens that must be proven if the trial court judge is going to award custody to the grandparents. Contact West Chester PA Custody Lawyer if you need reasonable legal advice and representation about grandparent’s rights in Chester County and Philadelphia PA.

As preliminary matters, the grandparent must prove (1) that the relationship with the grandchildren began with the consent of the parent or pursuant to an order of court; (2) that the grandparent has genuine care and concern for the grandchildren; and (3) that the grandchildren either (a) resided with the grandparents for at least 12 months where the grandparents acted like the grandchildren’s parents (generally requires that the parent not also reside in the house); (b) that the grandchildren have been declared dependent due to parental abuse or neglect; or (c) that the grandparents believe that the grandchildren are substantially at risk due to parental abuse, neglect, drug or alcohol issues.

If you are a grandparent seeking primary custody, partial custody, visitation, or adoption rights with your minor grandkids who have resided in PA for at least six months or if you are a mother or father who has been sued by your minor children’s grandparents for primary physical custody, partial custody, or visitation, contact  us.