Child Custody

Nothing is more important to most parents than the time spent with their children.  But when the parents are divorced, that time becomes more precious and sometimes, more difficult to obtain. Moving through the changes and subtleties in Pennsylvania's child custody laws can be a daunting task for anyone. Finding a custody schedule that is acceptable to both parents (as well as in the best interest of the child or children) can be complicated and aggravating. Attorney Stephen Barcavage will work with you to acquire a child custody order that makes sense for the specific needs of your family. It's important to find that common ground for both parents and for child or children involved.

New changes in Pennsylvania law were recently introduced with the intention of putting the safety of your children first.  Today, before an order for child custody can be issued, the past history of both parents is reviewed. A new addition to the law states that if either party or a household member of either party has been convicted of any enumerated crimes (dealing with crimes of violence, crimes of a sexual nature, DUIs, drug crimes and so forth) that party can be required to go through an evaluation to ensure that they do not pose a risk of danger or harm to the child or children. Furthermore, the new laws block both parents from relocating with the children without the written consent of the other parent or an order of court granting the relocating party's request to relocate with the children.

It is a common perception that many parents believe that the primary physical custody of a child is automatically granted to the mother.  As Pennsylvania laws and society progress, the courts are taking the "best interest of the children" and entering child custody orders without regard to whether the petitioning parent is the mother or the father.  Instead, the courts are making custody determinations based on the following factors:

• Which party is more likely to encourage and permit frequent and continuing contact between the child and the other parent
• The present and past abuse committed by a party or a member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child
• The parental duties performed by each party on behalf of the child
• The need for stability and continuity in the child’s education, family life and community life
• The availability of extended family
• The child’s sibling relationships
• The well-reasoned preference of the child, based on the child’s maturity and judgment
• The attempts of one parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm
• Which parent is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs
• Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child
• The proximity of the residences of the parties
• Each parent’s availability to care for the child or ability to make appropriate child-care arrangements
• The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another.   A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party
• The history of drug or alcohol abuse of a party or a member of a party’s household
• The mental and physical condition of a party or member of a party’s household
• Any other relevant factor

Attorney Stephen Barcavage is very knowledgeable with the factors that affect custody and the child custody process in Pennsylvania.  He can help you reach an amicable resolution with the other parent or diligently represent you in court.