How long will it take to get custody of my child?

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How long will it take to get custody of my child?

While the process to obtain custody varies slightly from county to county, all child custody decisions must consider the best interest of the child as well as sixteen custody factors.  23 Pa. C.S. 5328(a).  You may be wondering how long it will take to establish a custody order.  The answer to this question depends on many variables.  Let us discuss a few variables that will impact the length of time it will take to get custody of your child.

Your first and best option is to come to an agreement with the other co-parent.  This is the best option because it give both parents control over the process to develop an agreement that works with the family.  It is generally quicker than going through litigation and it is normally less expensive.  An agreement may not be possible If there are hard feelings between the parties and/or a different of opinion on what is best for the child.  Having the assistance of an experienced family law attorney will help take the emotions out of the equation so that the best agreement can be reached for your family.

If you can’t come to an agreement, then you will need to litigate.  We have all heard the saying “the wheels of justice turn slowly” and custody cases are no different.  Custody cases have different phases and in most counties the phases are designed to give the parties a chance to come to an agreement and work out their differences.  These phases can consist of:

  • Mediation
  • Conciliation
  • Hearing/Trial
  • Appeals

Each of the above can require a visit to court to try to get a custody agreement or order.  The parties can come to an agreement at any stage, putting a halt to the litigation process.

This can be a long process and depending on which county your case is in the wait time to get into court can be several weeks or months.

An experienced family law attorney can help you negotiate a good custody agreement and make sure it is enforceable.  They will also walk you through the process step by step move things along when needed.  Finally, they will help you use every legal tool available to obtain the best outcome for you and your child.

For assistance with your child custody matter contact an experienced family lawyer at LaMonaca Law to set up an initial consultation.  LaMonaca Law is a family law firm with virtual capabilities.  This state-of-the-art law firm can help you make sure your custody agreement is official and enforceable. Call LaMonaca Law at 610-892-3877 to schedule an initial consultation.


About the author

About Melissa Towsey

Melissa graduated from the University of Virginia in 2002 with a double major in Sociology and Foreign Affairs. After working for several years as a paralegal in Washington, D.C., she attended The University of Villanova School of Law and graduated in 2010. During law school, Melissa was involved in several public interest organizations and published an article in Villanova’s Environmental Law Journal, “Something Stinks: The Need for Environmental Regulation of Puppy Mills” 21 Vill. Envtl. L.J. 159 (2010) After law school, Melissa clerked for the Honorable Thomas G. Parisi, Administrative Judge of the Criminal Division in the Court of Common Pleas, Berks County. Melissa is the supervising attorney of the firm’s Appellate Unit. The Appellate Unit handles all aspects of the appellate process for family law cases as well as advanced research within the firm. Melissa and her husband, Paul, reside in Montgomery County with their two cats Wembley and Gobo. In her spare time, she enjoys audiobooks, barbeques, and watching action movies.