Those people who are seeking a divorce within the state of Pennsylvania have a number of issues to decide upon, and they can all be contentious. A lot of people put a huge amount of importance on the economic aspects of the divorce, and so they could possibly feel quite strongly with regards to distribution of property along with the chance of alimony payments. But, if anything is in dispute, the most sensitive subject of all is likely to be the matter of child custody. With many scenarios, the partners who are involved in the divorce proceeding behave with the best interests of the child or children in mind. Nobody recognizes the dynamics of the parent/child relationships that exist better than the parents themselves, which means that they will often have no problem arriving at an agreement on the subject of a parenting approach.
On the other hand, in a small percentage of scenarios child custody disputes do arise, and the legislation surrounding child custody situations is found in Title 23, Section 5303 of the Pennsylvania Consolidated Statutes. The overriding element that the court uses should it be requested to come up with a child custody judgement will basically be the wellbeing of the child or children that are the subject of the dispute. The details of the relationship that each individual parent seems to have with the child or children is going to be examined, and any past instances of domestic violence or abusive conduct will be taken into account. It is very important understand that you can get two different kinds of child custody which need to be considered: physical custody and legal custody. Physical custody is self explanatory, however legal custody refers to the right of a father or mother to make decisions on behalf of a dependent child. If the child is of sufficient age to be aware of the matter, their preference could be considered.
The matter of custody of the children in Pennsylvania isn’t completely an either/or issue. Shared custody can sometimes be agreed upon by the divorcing parents or ordered by the court, and partial custody may also be a possibility. According to the county in which the custody matter is being heard, mediation by a third party could possibly be requested in an effort to help the former partners reach a voluntary agreement before the court will hear the case. It is usually better to arrive at a custody agreement by yourself, which is very much encouraged within the state of Pennsylvania, but when a dispute continues with no resolution, the court will be called on in order to make a final decision.
For more information in relation to child custody conflicts, speak to a Pittsburgh PA family lawyer to request a complimentary assessment. The best divorce lawyer Pittsburgh PA will provide you with the assistance you may need with your Pittsburgh PA divorce.