Child Custody and Visitation

Pennsylvania Physical and Partial Custody in Divorce

For many parents, protecting their relationship with their child or children is the single most important objective to be achieved in settling their divorce case. If you have questions or concerns about your rights with respect to access to your children, or if you are having trouble with any aspect of an existing child custody order, contact Allentown divorce lawyer Dennis Charles for dependable advice about your options.

In Pennsylvania, both parents are presumed, in the absence of substantial evidence to the contrary, to be fit and capable, and that it is in the child's best interests to maintain meaningful relationships with both of them. Often, both parents are awarded joint legal custody of the child or children, which means that the parents will need to agree as to the most important issues affecting the child's life and welfare: religion, education, medical treatment for major illness or injury, and matters of comparable importance. In many cases, it will be necessary to designate one parent as having primary physical custody, with the other parent having partial custody at given times, such as alternate weekends, holidays and summer vacations. Although the terms “partial custody” and “visitation” are often used interchangeably in Pennsylvania to describe the access of the parent with whom the child does not live most of the time, there is an important distinction between the terms. If a parent has “partial custody” of a child, he or she has the right to take possession of a child away from the custodial parent for a certain period of time. In contrast, a parent with “visitation” rights only has the right to visit a child, and the term does not include the right to remove a child from the custodial parent’s control.

In some divorce cases, the parents are unable to agree as to primary physical custody of the child, partial custody or visitation schedules, or other aspects of child custody. A parent's rights might also be undermined or complicated by allegations of domestic violence, child abuse, chemical dependency problems, or other factors that could result in limited visitation rights under supervisory conditions. Pennsylvania family court judges resolve all disputes concerning child custody according to a determination of what is in the best interests of the children involved.

At the law office of Dennis G. Charles, Attorney at Law, you can expect that your strengths as a parent will be highlighted and persuasively presented in the family court in any case where child custody issues cannot be resolved through negotiation or mediation. To the extent that past problems are now jeopardizing your ability to achieve a satisfactory or meaningful right of access to your children, Attorney Charles can help you find the resources necessary to address and resolve this issue. For further information about your options in a Pennsylvania child custody dispute, contact Dennis Charles in Allentown.