Child custody disputes in Pennsylvania can be handled via traditional litigation or with alternative methods like mediation or collaborative law.
As a parent, you only want what is best for your child. In some cases, however, what you think is the right approach differs from that of your child's other parent. This is common when a marriage or relationship is ending; in that situation, decisions are being made in the midst of an emotionally volatile situation. However, just because you can't easily come to an agreement amongst yourselves doesn't mean that you are doomed to a lengthy, expensive court battle. Pennsylvania's family court system understands the importance with which custody decisions need to be handled, and they provide several solutions that can be tailored to meet your family's unique needs.
A custody overview - "best interests of the child"
Child custody determinations in Pennsylvania are made by careful consideration of the child's best interests. What is good for one child isn't necessarily right for another, so state statutes and case law provide guidance for judges, attorneys and individuals involving in making these important decisions. The factors considered are set forth in Pennsylvania Statutes Section 5328, and include:
- Which parent would most likely encourage a relationship between the child and the other parent
- Child's current home life (including how long he or she has lived in a particular environment, relationship with siblings, enrollment in school, presence of extended family, etc.)
- Any past abuse in the home
- Each party's ability to meet the child's physical, emotional, educational, religious and social needs
- Several other factors
Applying the factors
With an understanding of the basis for child custody decisions, it is now time to move on to the various ways in which those standards can be applied. For example, some couples, because of hostility, past abuse, or tension, simply cannot come to an agreement on their own. Those couples would likely need the intervention of a Pennsylvania family court judge who would make a custody determination on their behalf.
If couples can work together, though, there are less expensive, quicker and less contentious methods available. Mediation is a process by which the parties retain control of the proceedings and cooperate to form their own custody arrangement with the help of an impartial third party. Unlike a judge, the mediator doesn't actually make the decision, but instead facilitates the dialogue between the parties so that they craft their own solution.
Somewhat similar to mediation is the collaborative law process. Collaborative law is a method by which the parties are able to work together to make their own custody-related decisions. Instead of just having one impartial third party, though, collaborative law relies on the input of a variety of experts (among them divorce coaches, financial planners, mental health professionals and more) who ensure that the parties have sufficient information and guidance to make truly informed decisions that are in the best interests of their children.
Typically, parties whose disputes have been resolved through cooperative methods like collaborative law and mediation report more satisfaction with the process, are more likely to maintain an amicable co-parenting relationship and reach a resolution faster than those who have to resort to litigation.
Regardless of the method used to address your child custody dispute, this is one of the most important decisions you'll ever make. The agreement you reach today will impact you and your child for years to come. Moving forward with the aid of a skilled family law attorney - like Doylestown's Elissa C. Goldberg - will give you the confidence of knowing that you are acting in your child's best interests.