Child Custody Archives

Malicious Parent Syndrome and Child Custody in Pennsylvania

"Malicious Parent Syndrome", or "Malicious Mother Syndrome" as it's sometimes known, is characterized by extreme behavior on the part of a parent during custody and divorce proceedings. Men and women in Pennsylvania can suffer from this syndrome and it's impact can be felt throughout custody proceedings.

BIG Changes to Grandparent Standing in PA, Part II

Yesterday's blog pertained to the 2015 landmark PA case of Ponko v. Ponko, and the effect it had on Pa. 23 § 5325(2), the statute governing grandparent standing in PA. You can find Part I here if you missed it.

BIG Changes to Grandparent Standing in PA, Part I

In Pennsylvania, Grandparents are provided standing in limited circumstances if it is determined to be in the best interests of the child. 23 Pa. C.S.A. § 5325 provides grandparents standing for partial physical custody or supervised physical custody in the following situations:

The Basics: Child Custody in Pennsylvania

People often become confused and overwhelmed when they are considering filing for custody. How do I file for custody? Can I do that? Can the other parent take my child? Does the other parent have to know about this? You're not alone in feeling overwhelmed. This blog post will explain some of the basics of child custody here in Pennsylvania based on commonly asked questions.

Facing The Holidays Anew After Your Pennsylvania Divorce

Many families in Pennsylvania are about to experience the upcoming Thanksgiving and Christmas Holiday season for the first time since their divorce or separation. Yes the holiday season may not be the same but it can still be filled with love and laughter and is the opportunity to build new memories and holiday traditions.

A child's preference and Pennsylvania's custody law

When the court attempts to fashion a custody order parents often try to argue for more custodial time by insisting that the child/children prefers to live with them as opposed to the other parent. This begs the question; is a court in Pennsylvania likely to consider a child's preference for one parent over the other?

Exploring in loco parentis Law in Pennsylvania

The Pennsylvania custody statute does not define "in loco parentis," but Pennsylvania courts have found a person to stand in loco parentis to a child when they have taken on parental responsibilities and duties, with the consent of the biological parent. For example, in T.B. v. L.R.M., 753 A.2d 873 (Pa. 2001), the court implied that in loco parentis standing is granted for the benefit of the child, stating that if a "child has established strong psychological bonds with a person" that the child views that person with "a stature like that of a parent," the third party is provided "the opportunity to litigate fully the issue of whether that relationship should be maintained, even over a natural parent's objections."

HAVE YOU THOUGHT ABOUT YOUR PENNSYLVANIA CHILD CUSTODY ORDER AND THE UPCOMING HOLIDAYS?

If you have a child custody order here in Pennsylvania, it's time to start thinking about the upcoming Christmas and New Years holidays. The holidays should be a time of fun, family, and delicious foods. Unfortunately, it can also be a stressful time and this stress can be compounded by the upcoming holiday season particularly if you are parent who is sharing custody of your children.

Grandparent Custody in Pennsylvania

Courts in Pennsylvania are most concerned with the best interests of the child anytime they are considering custody. This 'best interests' standard also applies in those cases where a grandparent is attempting to gain some kind of custody of their grandchildren.

Will a Prior Drug Addiction Prevent Me From Having Custody in Pennsylvania?

We have all heard the headlines, the heroin epidemic in Western Pennsylvania is getting more and more severe. Most people are in agreement that a parent who is in the active stages of addiction should not be allowed to exercise unsupervised custody. However, many people are lucky enough to recover from their addiction through the help of rehabilitation and therapy. These circumstances lead to many significant questions. If someone's custody was suspended during their addiction or rehabilitation, when or how should it be reinstated? How do you plan in advance for a possible relapse? How supportive should you be of someone's recovery while still being aware that relapse is possible? How do you discuss these issues with the children?

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