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Can A Father Get Custody Of His Children During Divorce?

June 3, 2014 by John King

In theory, yes. Pennsylvania law states that when determining the custody rights between the two parents, there is no presumption to award custody to one parent. However, as a McNabb study reports, mothers win sole custody 91 percent of the time when custody is litigated. The primary factor in deciding the award of legal and physical custody is what is in the best interest of the child (BIC).  To obtain help in strategizing how you can obtain custody of your child, consult a child custody lawyer in Harrisburg, PA.

Two different types of custody

Generally, there are two types of custody: legal custody and physical custody. A parent awarded legal custody has the right to make important life decisions regarding the child’s education, religion or medical treatment. Physical custody refers to the actual physical possession of the child.

Different custody arrangements awarded by the court

When formulating custody arrangements that are in the BIC, the courts have to determine the physical custody and legal custody of the children. When awarding physical custody the court evaluates the following options:

  • Shared: Each parent has significant time with the child.
  • Primary: One parent has custody most of the time.
  • Partial: One parent has less than a majority of time with the child.
  • Supervised: A parent’s time with the child is monitored by a court-appointed adult or agency.
  • Sole: One parent has full custody.

When awarding legal custody, the court will give sole legal custody to one parent or shared legal custody, giving both parents joint decision-making authority.

Factors to decide when awarding custody

When awarding physical and legal custody, the court evaluates the following factors to determine what the BIC is:

  • Which parent will promote healthy contact with the other parent
  • Past and present abuse by a parent
  • The existing parental roles of each parent
  • The promotion of the child’s stability
  • The availability of extended family
  • The relationship between the child and brothers and sisters
  • The child’s preference
  • Whether a parent has encouraged the child to turn against the other parent
  • Which parent is more likely to provide a positive emotionally stable environment
  • How close the parent’s homes are to each other
  • Each parent’s availability
  • Whether the parents can cooperate with each other
  • Any evidence of substance abuse by a parent
  • The physical, mental and emotional condition of the parents

To enhance your success in convincing the court to award you custody of your children, consult a child custody lawyer in Cumberland.

Work with an experienced South Central Pennsylvania divorce attorney

Sensitive to the needs and challenges facing men who are going through divorce, John F. King, Esq. dedicates his resources to helping men obtain custody of their children. For more than 20 years, The Guy’s Attorney has been focusing on the unique legal battles of men. For more information, call 717.412.0244.

Filed Under: Child Custody Tagged With: best interest of the child, BIC, divorce, legal custody, physical custody

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Camp Hill, PA 17011

 

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Carlisle, PA 17013

 
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The Guy's Attorney - Pennsylvania Divorce for Men

The Guy's Attorney provides legal advice and representation in family law matters, including divorce, legal & physical child custody, child support, emergency relief (custody & support), spousal support (prior to divorce), alimony (after divorce), and distribution of marital property.

With offices in Camp Hill and Carlisle, PA, we serve clients in and around Cumberland, Dauphin, York, and Perry counties, including Harrisburg, Hershey, Middletown, Hummelstown, Linglestown, Mechanicsburg, Camp Hill, Carlisle, Enola, Boiling Springs, New Bloomfield, Newport and Shermans Dale.

*Our consultation fee is $100 for individuals who have not had legal action initiated in their case. If legal action has been initiated, a consultation fee of $250 will apply.

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Phone: 717-412-0244
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Camp Hill Office
20 S. 36th Street, Suite 100
Camp Hill, PA 17011

 

Carlisle Office
37 E. Pomfret Street, 2nd Floor
Carlisle, PA 17013

 

Office Hours

Mon 9:00am - 5:00pm
Tue 9:00am - 5:00pm
Wed 9:00am - 5:00pm
Thu 9:00am - 5:00pm
Fri 9:00am - 5:00pm
Sat Closed
Sun Closed
 

*Hours at Carlisle office by appointment only.

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