What do judges look for in child custody cases in PA?
Courts will as well heavily weigh a history of physical or substance abuse. If that's the case, it may require a separate evaluation before custody rights are granted to that parent. Additionally, a parent's ability to care for the child's needs, both emotional and financial, is of high importance.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Gouveia, 467 U.S. 180 (1984), the Court clarified that an inmate suspected of committing murder while in prison (i.e. murdering another inmate) lacks the right to counsel while in administrative segregation prior to indictment, because said segregation happens before the "initiation of adversary judicial proceedings."
Under Supreme Court case law, the Sixth Amendment right to counsel specifically requires that each and every adult who cannot afford to hire a lawyer at prevailing compensation rates in his jurisdiction must be given a qualified and trained lawyer.
This is simply not true. Pursuant to Pennsylvania custody law, a mother does not have an advantage over a father. In fact, Pennsylvania is a gender neutral state. Title 23 Section 5328.
The most basic part of the "best interests" standard is that custody decisions should serve the children's health, safety, and welfare. Judges will look at whether one or both parents are able to handle a child's special educational, medical, mental health, and other needs.
Even after winning legal custody of the child after the divorce, it's still possible for the mother to lose her custodial rights based on strong grounds of violence, substance abuse, addiction and violations of court orders.
If one or both parents are deemed unfit, or if the judge feels the child would be in an unsafe and unstable environment, then custody will be denied.
- Flag psychiatric issues.
- Present evidence of substance abuse.
- Present evidence of child abuse.
- Present evidence of domestic violence.
- Establish that they can't make decisions.
- Prove that they can't communicate with the child.
- Prove that they have harmed the child.
In Pennsylvania, the Court determines an award of custody based on the best interest of a child after consideration of all relevant factors. Particular consideration is given to factors that affect the safety of the child and the gender of a parent is not a consideration.
How do you win a child custody case in PA?
- Be active in your child's life. ...
- Monitor your online presence. ...
- Support your child's relationship with the other parent. ...
- Address issues of parental fitness.
The judge typically announces their decision on the last day of trial. If they call a recess instead, they must issue a decision within 15 days of the trial.
There is no minimum age threshold that prompts a judge to consider or reject a child's wishes about custody. Pennsylvania's custody law states that a child's custodial preference must be well-reasoned and based on maturity and judgment.