Father’s have rights, too.
Many Fathers cheered the revision of the Child Custody Laws in January of 2011, as the letter of the law now reads that when the courts weigh the enumerated factors in any custody case, that evaluation MUST be “Gender Neutral.” As such, courts in PA may not presume any favor or allow any preference for either Mother or Father. We have a long record of success in representing many fathers in numerous proceedings, including for primary physical custody, sole custody, and many other means of enhancing their parental and custodial rights.
Under Pennsylvania’s newly revised Child Custody Law that was enacted in January of 2011, the Courts now weigh the following factors when making determinations of what is in the “Best Interest of the Children”:
(1) Which party is more likely to encourage and permit frequent and continuing
contact between the child and another party.
(2) The present and past abuse committed by a party or member of the party’s
household, whether there is a continued risk of harm to the child or an abused
party and which party can better provide adequate physical safeguards and
supervision of the child.
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child’s education, family life and
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the child’s maturity and
(8) The attempts of a parent to turn the child against the other parent, except in
cases of domestic violence where reasonable safety measures are necessary to
protect the child from harm.
(9) Which party is more likely to maintain a loving, stable, consistent and
nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional,
developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability to make appropriate
(13) The level of conflict between the parties and the willingness and ability of
the parties to cooperate with one another. A party’s effort to protect a child from
abuse by another party is not evidence of unwillingness or inability to cooperate
with that party.
(14) The history of drug or alcohol abuse of a party or member of a party’s
(15) The mental and physical condition of a party or member of a party’s
(16) Any other relevant factor.
Under the newly enacted Custody Law, any determination is a gender neutral determination.
If a grandparent or great-grandparent asserts a claim for custody of a child, the newly enacted Custody statute looks to these additional factors:
(1) the amount of personal contact between the child and the party prior to
the filing of the action;
(2) whether the award interferes with any parent-child relationship; and
(3) whether the award is in the best interest of the child.
Additionally, the court when deciding whether a grandparent or great-grandparent is awarded partial physical custody or supervised physical custody, these factors are also considered:
(i) interferes with any parent-child relationship; and
(ii) is in the best interest of the child.
Our team of attorneys works tirelessly with our clients to put together the best possible analysis and presentation of the factors listed above, in order to present the client’s best case for the right custodial arrangement, the one that truly is in the best interest of the child(ren).
Fathers have lost paternity suits and parental and custodial rights simply because they did not retain professional counsel to represent their interests. Fathers whose children mean the world to them ought to have the opportunity to see and be with those children just as often as desired, and they ought not to be financially ruined in gaining the right to do so.
Paternity testing can be another challenging matter for putative fathers, and one about which we can provide information and advice. The court system has very specific procedures that must be followed, and timely filed, lest the case be lost, no matter the scientific results. Over-the-counter DNA tests are rarely sufficient. We can see to it that your case gets to right laboratory, while giving you the benefit of our experienced counsel, assistance, and advice about paternity testing.
With our professional guidance, we will get to the truth of the matter and help you to find what truly is in the best interest of the child. Your child needs you in his or her life. We will not rest until you have attained a fair custody arrangement. We handle cases involving divorcing parents as well as cases in which the parents are not married, amicable and cooperative parents, as well as uncooperative and even combative parents who may wish to limit or deny the other parent’s custodial interests.
Play an active role in your child’s life with legal paternity counsel from our experienced attorneys. No matter how bad the situation, we will turn it around to achieve the best interest of you and your children.
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