Points to consider in your children custody case after a divorce (part 2)

NOTE: Pennsylvania law does not presume one parent is better than the other as a custodial parent and many county courts look to share physical custody, as close to 50/50%, as possible. While judges base child custody decisions on many variables, and the Pennsylvania law sets forth all the factors a court must consider in a child custody case, this series includes some of the more important factors Pennsylvania courts typically consider when making these decisions.  While there are no guarantees in child custody disputes, taking these actions may increase your chances of a favorable result.

This blog is part 2 and discusses two more points of the 10 points we plan to discuss and for you to consider when trying to position yourself to maximize your physical custody of your children.

3. Find a job / work schedule that fits the children’s routine.

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Working is not a negative mark against you and often suggests stability to the custody court.  However it is important that you try to find a work schedule that fits the children's schedule.  Working 8 to 5 or some variation is usually best as it coincides with school and maximizes the amount of time parents can spend with their children.  While Pennsylvania law allows the court to consider suitable childcare as a factor, parents who work third shift or second shift must often face arguments that they aren't available at critical times.  The more time for the kids, the more chances you have to increase your custody.

Keep in mind that changing jobs for custody reasons could affect your ability to pay child support, so be careful.  The court will generally not lower child support for people who voluntarily change jobs for lower wages.

4. Avoid cohabitation too soon in a new relationship.

New relationships can impact your child custody. Your choice in and character of a new mate can hurt your custody case. If the new paramour is later found to have a significant criminal record or a record of abuse, this will almost certainly hurt your custody case.

Even if you are already separated and meet someone new, there can still tension.  This is particularly true where the relationship/divorce still has unresolved issues. The spurned parent often perceives this as a character or stability issue, and will simply oppose the new person on those grounds alone.

While a custody court is highly unlikely to deny a parent a new paramour or spouse, the how, when, and where of the new relationship can influence your custody position. By adding another person to your household, you create an additional line of questions for the court. The answers can change the outcome of the case.

Please keep in mind we are not trying to set you up to "win" a court case. This series is a set of factors for you to consider to position yourself in the best place for you to contribute to the stability, welfare, and well-being of your children.

 

If you want assistance, legal representation, or just want to know more about Douglas Wortman or Medvesky Law Office, LLC, check out our website at www.medveskylaw.com.

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