Articles Tagged with “Child Custody”

Partial Physical Custody and Proactive Contact

Divorce is a challenging event in the life of a family. Children and parents see and experience divorce differently. While parents are coping with the emotional, psychological and financial disruption they may be experiencing, children, no matter their ages and emotional maturity, experience disruption and confusion. As everyone navigates new territory, children look to their parents for guidance and security as they process the often conflicting feelings they experience.

In every divorce involving children, legal and physical custody is established based on the best interests of the children. More often than not, parents retain joint legal custody and have an equal interest and voice in medical, educational and religious decisions. While a growing number of families successfully share physical custody, most parenting plans still involve primary and partial custody in some form.

Pennsylvania Court Rules that Schools Must Provide Transportation to Homes of Both Parents

When separated or divorced parents enter into a child custody arrangement, numerous issues may be addressed. The terms of a particular arrangement may dictate which parent’s home is the child’s primary residence. This designation may impact other issues. A matter that often can get overlooked is the school transportation for children living within the agreed-upon arrangement. Until recently the designation of one home as primary, even in cases of shared custody, could lead to issues regarding parent’s rights to receive transportation to school for their children. This could create unwanted litigation and expense, as exemplified in the recent case of Watts v. Manheim Township School District, No. 935 C.D. 2013.

sc.jpg In the Watts case, a father (Watts) and his ex-wife shared equally-divided legal and physical custody of their child, C.W., who spent alternating weeks with each parent. Both parents resided within Manheim Township School District, where C.W. attended middle school, but their homes were located on different school bus routes. In accordance with a new district policy aimed at reducing expenses, the school informed Watts that, while it would continue to provide transportation for C.W. to and from his mother’s house, it would no longer transport C.W. between Watts’s home and the middle school. Despite the fact that a bus with unassigned seats could accommodate C.W. without adding an extra stop, Watts had to hire someone to transport C.W. to and from school when CW was living with in the custody of his father.

Under the revised Pennsylvania Child Custody Act, which took effect in January 2011, the rules for re-location 23 Pa C.S.A. 5337 are specific. Relocation requires the consent of both parties or judicial approval. The process requires the parent who wants to re-locate to provide written notice by certified mail to the other parent sixty (60) days before he/she intends to re-locate. The definition of “relocate” can mean more than a move out of state. It appears to have expanded to include any residence change that significantly may affect the non-relocating parent’s custodial rights.

The notice provided to the other parent must provide specific information including the new address of the re-locating parent, phone number, persons who will live at the new address, ages of who will be living there, information about the new school, the reason for the re-location and a schedule of visitation. It behooves the moving parent to do as much research into the new location as possible before filing a notice so that the notice is thoughtfully presented.

The other parent then has thirty (30) days within which to respond by counter-affidavit in writing to the notice. He/she can agree or oppose. If a parent opposes, a formal hearing will be held at which each party can present evidence, testimony and experts. If the non-relocating parent does not file a counter-affidavit within 30 days he/she is foreclosed from objecting to the relocation.

In the Best Interests of the Child

When parents work cooperatively in divorce, children will fare better. 1187603_fun_with_bubbles.jpg

In an ideal world divorcing parents would be able to put their hurt, anger, grief, conflict and other emotions aside and put parenting their children first. Children may not need (or be able ) to live in a home with two married parents, but they do need to have the continuing contact, love and involvement of both their parents .