Are you concerned that the other parent may abduct your child to another country? The first step to prevention is to read the United States Department of State's website ( http://travel.state.gov) where you can find a wealth of information about passport applications and abductions to and from the United States.
In Philadelphia, parents may file for one of two forms of child custody, namely, legal and physical. While physical custody gives a parent the right to spend time with their child, legal custody entitles them to make independent decisions about their children's lives. This seems straightforward, but the determinations courts use to decide whether or not to award specific forms of custody are not always as clear-cut.
When a Pennsylvania court is handling a child custody portion of a divorce proceeding, the primary consideration is the best interests of the child. The court weighs factors that affect the safety of the child, whether the child would require relocation and the child's school situation, among other considerations. In addition to interviewing the child's parents, the court may also speak with the child or a representative of the child to glean information regarding custody and visitation rights.
Philadelphia parents may be interested in some information about who can apply for child custody and what types of custody are available. Depending on the family situation, different types of custody may be ordered by a court.
Pennsylvania parents involved in child custody disputes may be sensitive to the needs of their children, but individuals in the court system do not always have training in how to interview children about potentially difficult subjects. Now, the section of the state bar association that focuses on family law has created a video to educate professionals and others about the best approaches to questioning children in custody cases.
If a Pennsylvania married couple conceives a child, the legal presumption will be that the husband is the father of the child. Men who conceive a child out of wedlock may be required to make a showing to a family law court that they did in fact father that child, and men may also request paternity tests if they are trying to establish their rights to child custody or visitation. A pre-birth paternity test determined that Indiana Pacers All-Star Paul George fathered a child with a woman whom he met in Florida, but the basketball player is questioning the accuracy of the test.
Though Pennsylvania law is not supposed to favor one gender over the other when it comes to child custody, there are many people who feel as if father's have a more difficult time getting a fair child custody arrangement. Maybe the court believes that a child needs more time with his or her mother. Maybe the court thinks that because the mother was a stay-at-home parent that it is in the child's best interests to stay with the mother. Regardless of why, it is important that fathers, just like mothers, have their parental rights respected when it comes to child custody and support.
When parents divorce or separate, they have to come up with a child custody arrangement. Unless one parent is unsafe or it is otherwise in the best interests of the children not to spend time with the parent, most parents in Pennsylvania share custody. If, for some reason, one parent is given sole custody of the child, the other parent typically has some kind of rights to visitation, either supervised or unsupervised.
Even though we see and hear of marriages ending with fights, court battles and divorces that ruin any chance of former spouses ever getting along again, there are other ways to end a marriage. While mediation and collaborative law are not right for every couple, when they are appropriate, they can often lead to better divorce settlements, a more cordial post-divorce relationship with an ex. Talking with a divorce attorney may be one of the best ways to determine if mediation would work well.