Pittsburgh Custody Lawyer
Accused of Abuse?
Spivak Law Firm routinely defends people accused of domestic violence and abuse. We defend people facing Protection From Abuse (PFA) orders and criminal charges such as simple assault, aggravated assault, harassment, stalking, terroristic threats, child abuse, and reckless endangerment. We also help people facing abuse charges assert child custody and visitation rights.
In family court, it is important to understand that credibility is everything. Someone accused of abuse instantly loses sympathy and credibility in the eyes of the court. Only a rapid, fact-based response can prevent a negative stereotype from attaching to you if you’re falsely accused of abuse. If this happens, it often helps to request a custody or psychological evaluation for both parents and the children, which some judges will order to get beneath the surface and thoroughly evaluate the truth, the dynamics of the parties, and their parenting abilities. Ideally you need to be prepared with a fact-based response to these common types of allegations from the start of the case.
If you’ve been accused of abuse, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Understanding Child Custody in Pennsylvania
When seeking custody of a child in Pennsylvania, it is important to understand the different types of custody available.
First, distinguish between “legal custody” and “physical custody.”
“Legal custody” refers to the right to make major decisions affecting the best interests of a minor child, including medical, religious, and educational decisions. Under Pennsylvania law, there is a presumption that “legal custody” is shared equally by both parents.
“Physical custody,” on the other hand, refers to the actual physical possession and control of a child. Custody disputes usually arise over issues of “physical custody,” as parents disagree about who gets the child and when.
There are several types of “physical custody.”
“Shared physical custody” refers to when parents divide time with the child equally – for example, on a week-on, week-off basis. It does not have to be 50/50; even a 60/40 time split based on overnights spent with the child is considered “shared physical custody.”
Another typical custody arrangement occurs where one parent has “primary physical custody” and the other parent has “partial physical custody.”
“Primary physical custody” refers to the right to have physical possession of a child for the majority of the time.
“Partial physical custody” means the right to take possession of a child away from the custodial person for a certain period of time.
For example, a parent who gets the child every other weekend and for a few hours during the week has “partial physical custody,” whereas the other parent has “primary physical custody.”
Finally, “visitation” means the right to visit a child, but does not include the right to remove the child from the custodial parent’s control. “Visitation” is frequently granted to grandparents or a parent who has been out of the child’s life for a substantial amount of time.
“Supervised visitation” refers to when a court orders that a supervisor be present during the visit. This usually occurs when there are issues of physical abuse or substance abuse that could endanger a child’s welfare. If no such issues exist, the arrangement is known as “unsupervised visitation.”
It is important to remember that child custody arrangements can always be modified so long as the parents mutually consent. To speak with an experienced child custody attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Child Custody Rights in Pennsylvania
It is widely believed that in child custody disputes courts favor giving primary custody of the child to the mother.
But the law rejects this notion.
Pennsylvania law states: “In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.”
Thus, under the law, both parents are presumed by the court to have equal custodial rights over their child or children.
In some limited situations, a person who is not the child’s parent – a grandparent, for instance – may also assert custodial rights over the child. But even in these cases, the parent’s custodial rights take precedence.
Pennsylvania law states: “In any action regarding the custody of the child between a parent of the child and a nonparent, there shall be a presumption that custody shall be awarded to the parent.”
To learn more about your child custody rights, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.