PHILADELPHIA CHILD CUSTODY ATTORNEY

Child Custody Attorneys in Pennsylvania and New Jersey

For child custody, the legal standards in Pennsylvania and New Jersey, as in most jurisdictions, are the “best interest of the child.” Of course, if that were clear and easy to ascertain, there would be no disputes. But the best interests of children are often clouded by the emotions of a separation, divorce, or new relationship, by mental health and substance abuse problems, by abuse, or by ordinary differences of opinion, culture, and religion.

Child Custody Disputes Are the Most Heart Wrenching of All Family Law Matters

Even parents who want the very best for their kids may have different ideas about what that looks like in terms of where children should live and how they should be raised. The thought of losing time with your children, even if it means they maintain a loving relationship with the other parent, can be heartbreaking.

We have experience in handling routine child custody disputes as well as more complex issues, such as:

relocation to another county, state or country;
child abduction domestically and internationally, including federal cases involving the Hague Treaty on International Child Abduction;
legal custody disputes regarding religious upbringing, medical or educational choices;
the ability of people other than biological parents, (i.e., grandparents, stepparents, partners, unrelated caregivers, etc.) to pursue some form of custody of a child; and
emergency circumstances involving issues such as mental health concerns, substance abuse and child abuse.

Finding the help and support you need to create a plan for child custody is important. The experienced and compassionate lawyers at BKW Family Law proudly serve residents of multiple counties in PA and NJ, including but not limited to Montgomery, Philadelphia and Camden Counties, offering guidance and representation to parents seeking full or joint custody, as well as other important matters like determining child support.

How is the Child's Best Interest's Determined in Custody Disputes?

When parents who share children decide to separate, they must determine both legal and physical/residential custody in New Jersey and Pennsylvania. Many child custody disputes occur in the important decisions surrounding these matters.

Legal custody centers on who makes decisions about the child’s life and typically includes major decisions related to education, healthcare, and religion. It could also involve questions concerning whether they can have a cell phone at a certain age or if they should be permitted to drive.

Physical custody has to do with where a child lives. Different types of physical custody include:

Sole Custody: Your child lives with you full-time
Primary Custody: Your child lives with you most of the time.
Shared/Joint Custody: Your child lives with you about half the time.
Partial Custody: Your child lives with you less than half the time
Supervised Custody/Visitation: You can only visit your child with a third party present

Of course, deciding which parent exercises legal and physical custody requires a careful review of many “relevant factors” in both Pennsylvania and New Jersey. This includes considering which parent has been primarily responsible for caring for the children, which parent is more encouraging of a child’s relationship with the other parent, and the availability or support of extended family and sibling relationships. It’s important to retain a child custody lawyer that can review these factors with you.

Frequently Asked Questions About Child Custody

Here are some of the most frequently asked questions that we get regarding child custody in Pennsylvania and New Jersey.

Do all parents just get 50/50 custody?

There is no default custody schedule. Rather, every custody case is dependent on your specific situation. There are a number of factors a court considers when establishing a custody schedule in Pennsylvania and New Jersey.

At what age will a child just get to make the decision where they want to be?

A child’s preference is only one factor of multiple factors a court must consider. A child can be
interviewed at an age where they understand the difference between a truth and a lie. As children get older, their testimony and opinions are weighed more heavily by the court.

What is an interview of a child by a judge like?

For more information about child interviews, please watch this video prepared by the Pennsylvania Bar Association Family Law Section.

Legal Support for Child Custody Cases

The thought of giving up time with your child can fill you with overwhelming sadness, even if you recognize that they deserve the love and support of two parents. You don’t have to face the challenges of a child custody case alone. The qualified and caring team at BKW Family Law proudly assists families who are dealing with child custody issues in multiple PA and NJ counties including, but not limited to Delaware, Chester, and Burlington Counties.

Whether you’re seeking custody, need to learn about child support, or need to modify an existing custody order, we’ll guide you through the process and support you every step of the way.

At BKW Family Law, our job in child custody cases is to listen carefully to your concerns, understand your perspective and family background, help you define your child’s best interest and develop a strategy for attaining it. Our seasoned family law attorneys will first try to negotiate a peaceful resolution to your child custody dispute, knowing that the court process is stressful for everyone involved and sometimes results in an unpredictable outcome. If negotiation is not possible, we are skilled litigators who can make efficient use of available legal options.

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