Title 23 Section 5328(b) explicitly states that “In making a determination under subsection (a), no party shall receive preference based upon gender in any award granted under this chapter.”
As I have discussed in past blogs, the factors that can give you an advantage or disadvantage in your quest for court-ordered custody rights are also explicitly outlined in Title 23 Section 5328(b) of the Pennsylvania Code.
One of these factors that may be affected by your specific parental relationship to the child (either mother or father) could be “the parental duties performed by each party on behalf of the child.” If your family follows “traditional gender roles” where the father is expected to earn the household income and the mother is expected to be at home caring for young children, then this could impact your custody case.
For example, if a father is not very involved with the day to day routines and caretaking of the child or children (e.g. father works long hours away from the home and the mother stays at home with the young child or children) then the court could find that the mother would be a better fit for primary physical custody of the child or children.
Gender Roles and Custody Considerations
Since these traditional gender roles are far less common than they once were, for another example, if the mother is not very involved in the child or children’s daily routine for one reason or another and the father is the one who provides the basic care and transportation for the child or children then the court may find that father is the best parent to have primary physical custody. Of course, these gender roles differ from family to family.
Many people believe that shared physical custody (sometimes referred to as equal custody or 50/50 custody) is the best possible outcome for the child or children. This can be highly contentious between some parents and may not work for all families but most Family Court Judges will consider this before deciding that one parent should be the primary physical custodian over the other. This is especially true when both parents have contributed to performing the parental duties in comparable shares, both parents have adequate housing available to them, and both parents desire to have as much custodial time with the child or children as possible.
There are many other factors that can come into play in a custody case and if you want to be sure that you are giving yourself the best possible chance of achieving your custody goals you should consult with an experienced family law attorney regarding your child custody matter.
Our Custody Attorneys Can Help
Please contact the Philadelphia custody attorneys at Cooper Family Law today at (215) 814-0395 to schedule your consultation.
Patrick J. Cooper, Esq. is the founding partner of Cooper Family Law in Philadelphia, specializing in family law matters, including divorce, custody, and adoption. With over 20 years of experience, Patrick is dedicated to providing compassionate, client-focused legal services. He is a trusted advocate in Southeastern Pennsylvania and has been recognized by Super Lawyers and Rising Stars for his outstanding work in family law.
Patrick J. Cooper, Esq. is the founding partner of Cooper Family Law in Philadelphia, specializing in family law matters, including divorce, custody, and adoption. With over 20 years of experience, Patrick is dedicated to providing compassionate, client-focused legal services. He is a trusted advocate in Southeastern Pennsylvania and has been recognized by Super Lawyers and Rising Stars for his outstanding work in family law.
The best way to understand how Cooper Family Law can support you is by hearing directly from those we’ve helped. Our clients consistently praise our attentive service, thoughtful legal guidance, and successful outcomes. Read through our client testimonials to see why families across the Philadelphia region trust us with their most important legal matters.
I can’t say enough about their professionalism. Extremely timely response. Highly recommend. Jake and Yulia Wade.
I've retained this firm for a total of 3 separate family court proceedings. Zachary Bartman has been my representing attorney for all 3 cases and he has been phenomenal. All cases have turned out in my favor. I would highly recommend Zachary Bartman for any family/domestic court related issues.
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Zachary helped me through my case. I truly believe it was because of him that I won. He listened to my story and he made sure the truth was heard in trial. He fostered confidence in me during a very anxious time. He was professional, polite, and understood his job very well. He walked me through the entire process before it happened and provided reassurance throughout. I'd recommend him to anyone I know.
Carol Krawitz has been nothing short of amazing. This has been the most difficult time of my life; however, Carol has made this transition for me as smooth as possible. She has displayed a great understanding of family law, which has helped me through my custody issues. Although my journey isn't over, I'm happy with the results that I have achieved with Carol Krawitz leading the process.
Patrick is excellent at what he does. He is concise, thorough, and more importantly, I valued his insight and judgement. I feel fortunate that I was connected to Patrick for my divorce. The quality of his services was impeccable and I was impressed with his counsel throughout the process.
I am very grateful to have found Patrick and Monique in a difficult time! They were patient, reliable, always available to answer questions and provide recommendations along the way. I felt my interests were important to them and represented at every juncture. The process was smooth and handled so professionally, I never doubted I had experts in my corner.I’d absolutely recommend Cooper Family Law to anyone seeking legal representation!
Pat Cooper has the experience, expertise and communication skills that deliver favorable results. Pat's familiarity with Philadelphia's courts and judges proved invaluable.
It was a smooth experience with this lawyer. She was very nice and polite. She did everything to make the divorce easy and smooth so I will appreciate anybody that want to use her in divorce to go ahead and have that confidence in this lawyer OK thank you guys. God bless.
Zach is the guy that knows what he is doing. The system might appear to not be on your side at the beginning of your litigation, but Zach not only builds your case squarely but he also brings the law to your side with equity and fairness.You cannot be wrong with him. Thank you
My experience with Patrick Cooper, Family Law Attorney has been nothing but amazing very professional staff, responsive to all my request and messages and always won my cases when working with these amazing attorneys. I would definitely recommend them for all of your family needs.
Pat is a highly knowledgeable and compassionate family law attorney. Handles cases with professionalism and care, ensuring the best outcomes for his clients. Highly recommend!
Hands down the best lawyer in town!!! He is very organized, professional and well equipped to help anyone navigate the Family court system. Top tier Lawyer with five star ratings you will not be disappointed. He is worth every single penny!!!
My divorce was a long and grueling process. I was very lucky to have somebody like Pat in my corner. Many times he went above and beyond my expectations and helped me through a really difficult time.Pat was readily available for whenever I needed him, which wound up being often. He is a stand-up guy who is knowledgable and experienced. He was ready to go to bat for me at a moments notice when the situation arrived (which wound up being often).Getting divorced is overwhelming, scary, and can make… More you feel like you are on your own. Having a guy like Pat on your side makes it a little bit easier.I highly recommend Pat.
Having to navigate the court system can be an overwhelmingly stressful experience for many individuals. However, by seeking legal representation through Cooper Family Law, these feelings can be greatly reduced. Over the past three years, I have had the opportunity to be represented by four different lawyers at this reputable law firm, particularly in cases involving custody, child support, and a personal protection order (PFA). Without exception, my experience with this law firm has been exceptional,… More consistently resulting in positive outcomes. It is with deep gratitude that I write this review not only to express my appreciation for the entire law firm, but also to specifically acknowledge the invaluable contributions of Zachary Bartman. During an incredibly challenging and emotionally charged period, Mr. Bartman provided unwavering support and advocacy for both my daughter and myself. His calm and rational approach allowed him to present the facts and provide wise professional counsel. As a result, I was able to secure full custody of my daughter, a triumph that I had previously only dreamed of achieving. I will forever be indebted to Zach and the entire team at Cooper Family Law for their tireless dedication to my case, ultimately yielding the results that seemed beyond reach. Thank you immensely for your outstanding work.
I recently had the pleasure of working with Cooper Family Law, particularly with Zachary S. Bartman, for the preparation of a prenuptial agreement. From the initial consultation to the finalization of the prenuptial agreement, Zachary S. Bartman demonstrated a high level of professionalism, expertise, and dedication. He meticulously explained every aspect of the agreement, ensuring that I understood all the terms and conditions involved and that the agreement was fair and comprehensive. His responsiveness… More was remarkable—he consistently replied to my inquiries in a timely fashion, which greatly contributed to the smooth and efficient process.The entire process with Cooper Family Law was seamless, thanks to Zachary’s diligent efforts. The firm’s organizational skills, combined with Zachary’s expertise, made what could have been a stressful and complicated procedure remarkably straightforward and stress-free.I highly recommend Cooper Family Law and Zachary S. Bartman to anyone in need of legal assistance with prenuptial agreements or any other family law matters.
Working with Cooper Family Law has been an excellent professional experience. Patrick Cooper demonstrates exceptional expertise in divorce law and maintains clear, timely communication throughout every stage of our collaboration. Their attention to detail and commitment to client outcomes make them a reliable partner in the legal field. Highly recommended for anyone seeking knowledgeable and efficient divorce attorneys in Philadelphia.
I was given last minute notice that I had to appear in court for a legal matter. I had one day to find representation and when I called Cooper Family Law, they took the time to listen to me and responded swiftly. Mr. Zachary Bartman contacted me to discuss the case and assured me that he would meet me in court the following day. Mr. Bartman exceeded my expectations in every way when it came to handling my case. He addressed any questions or concerns that I may have had. While I hated having to be… More in court, Mr. Bartman helped to make it more bearable for me. I can’t say enough good things about Mr. Bartman and this firm. In the end we got the desired outcome and I don’t believe it would have been possible without him. I am extremely appreciative for your help throughout this process, Zachary. I would 100 percent recommend this firm and if the need arises in the future, I will have them represent me. If you find yourself reading my review, please understand that I hate leaving reviews so that should speak to the level of professionalism that Zachary displayed. Don’t hesitate to contact Cooper Family Law if you need assistance.
I am grateful to have Patrick Cooper as my family lawyer. Patrick Cooper and his team was the highly competent, engaging, and accessible legal professionals that I needed to guide me through very complex legal matters that I was unfamiliar with. Attorney Cooper is not only well-informed, but also easy to talk to, takes the time needed to interpret the law and advise on options, cares about outcomes, and is affordable. I highly recommend the Cooper Family Law firm without any hesitation.
My child custody case has been difficult from day one. I was previously represented by a lawyer who was not straightforward with me about the process and did not explain my options clearly. Working with the Cooper Family Law team was so much better. Like night and day. Patrick and his team were friendly and helpful from the beginning. Everyone that I worked with on the team was really sharp and also kind. They guided me through a very difficult time. They are the best child custody lawyers in the… More Philly area!
Excellence experience I would highly recommend Yoninah to anyone seeking an excellence attorney. She was very efficient meeting my premarital legal needs and she got the job done within 5 days. Yoninah was very accessible , diligent and dependable and has proven to exceed my expectations. Yes, I would recommend her to my family and friends.Mrs Jones
I can't say enough how glad I am to have decided to use Yoninah Orenstein as the lawyer representing me in my struggle to get some custody of my daughter back.She helped keep me on track, and focused on the bigger picture. She knew the ins and outs of the subtleties of custody law quite well, and she navigated the complex system and settlement prior to the trial with strength and purpose.Having her by my side gave me courage and resiliency. I wouldn't want anyone else as my representation.Unfortunately… More I know I will need to have a good lawyer for the rest of my life from time to time. Fortunately I now know who I'll turn to first.
Mr. Cooper’s “bedside manner” - if you will - is almost avuncular. His mastery of jurisprudence is evident after mere minutes into a conversation.To be succinct: The man is good at what he does.
