West Chester Joint Child Custody Attorney
Joint Custody is broken down into three categories: Joint Legal, Shared Physical, and Combination.
Joint Legal Custody
Joint legal custody is where the parents share care and control of
the upbringing of the child, but the child has only one primary
residence.
Shared Physical Custody
With shared physical custody, the child has two residences, spending
at least 35% of their time with the other parent.
Combination
Additionally, you can make your own special joint custody
agreement that is any combination of Shared Physical and Joint Legal
Custody. One example of this is when there is one residence for the
child and the parents live with the child there on a rotating basis.
The court looks very closely at Joint Custody agreements. The most important factor to Joint Legal Custody to Shared Physical Custody is the ability of the parents to talk about and reach joint decisions that affect the child’s welfare. If you are constantly fighting over what religion or what school, the court may strike down your agreement.
Other custody factors include:
- Willingness to share custody;
- Fitness;
- Child’s relationships with parents;
- Child’s preference;
- Ability to stabilize child’s school and social life;
- Closeness to parent’s homes (primarily a factor during the school
year) ; - Employment considerations (e.g. long hours, extensive travel,
etc.); - Age and number of children;
- Financial status;
- Benefit to parent.
Additionally, the sincerity of the parties involved is important. The court will want to make sure that joint custody isn’t being traded for concessions on other points. Another consideration is whether the grant of joint custody will affect any assistance programs. Currently, Welfare and Medical Assistance are affected based on the award of Joint Legal Custody. Be sure to check with your contact at any social service agencies before entering into an agreement or you may be jeopardizing
your benefits. This list is not meant to be complete and the court will hear anything that they believe to be relevant.
Contact our Experienced West Chester Child Custody Lawyer
At Ciccarelli Law Offices, our Chester County family lawyers are dedicated to helping you get through the legal process of child custody and divorce effectively so you can achieve the necessary mindset for a new beginning. For questions regarding your case or a free evaluation, call our office at (610) 692-8700.