Going through a divorce can be an emotionally trying time. This is especially true if you can’t find an agreement with your former spouse over custody of your children. In Philadelphia, Pennsylvania, mothers’ rights in Child Custody are like in the rest of the U.S. If you’re a mother seeking to get custody of your children, there are some things you should know. Furthermore, it’s worth child custody lawyer in Philadelphia.
Firstly, you’ll have to file a petition with the court. You will also be required to attend a hearing where both you and your former spouse will have an opportunity to present your case to the judge. After considering all the evidence, the judge will make a custody ruling. You’ll be responsible for their welfare if you successfully obtain custody of your children. This includes making decisions about their education, medical care, and extracurricular activities.
While it may seem like a difficult task, remember that you’re doing what is best for your children. With planning and preparation, you can ensure that you and your child have a bright future ahead.
Do Mothers Have More Rights Than Fathers?
No. Historically, it was supposed that the mother would get custody of the children in a divorce because, in most cases, the mother was the primary caretaker. Statistically, most fathers worked outside the home and provided for the family. As a result, many fathers felt they would never be given custody, and most never disputed the matter.
Custody statutes make no mention of gender preference. Many women work outside the house and earn an income while fathers stay home and care for their children. When it comes to highly young newborns or infants, there may be a tendency to give primary custody to the mother if she’s breastfeeding. However, this propensity is due to what is best for the infant (feeding patterns and sleep habits) rather than the parents’ genders.
The “Tender Years Doctrine”
Courts have become gender-neutral regarding child custody since the 1970s. In the past, mothers were frequently given precedence in child custody decisions because courts applied what was known as the “tender years doctrine.” This doctrine and the “maternal preference” held that the mother-child bond was more important to a child’s growth than the father-child relationship. However, in situations of disputed custody, mothers often gain physical custody of the children.
Mother’s Rights for Child Custody Cases
When the father has been shown to have abandoned or abusive behaviors toward the child, the father’s custody rights are transferred to another person chosen by the mother. Mothers can petition the courts to terminate the father’s custody rights. Mothers can even seek the courts to negate the father’s visiting and custody rights if they believe their children are subjected to physical abuse and domestic violence. In cases when the father’s physical and mental stability impacts the child’s emotional and psychological development, women can petition the court for custody transfer.
Five Types of Custody
No child custody case is simply black and white. Every family is different, and parents as individuals may have differing levels of ability to look after their child. To accommodate this, Pennsylvania has five types of child custody; it doesn’t have to be an all-or-nothing situation. So, what are the five different types of child custody?
1. Sole Custody
Parents who are granted sole custody of their child have complete control over the physical and legal aspects of their or children’s life. This means that the kid will live with this parent, who will also decide where the child goes to school, gets medical care, and what religious or extracurricular activities the child participates in.
If you want sole custody, you’ll need to have a good reason that justifies complete separation from the other parent. In most child custody cases, sole custody is granted because one parent is unfit to care for the child. Reasons vary from being absent and neglectful to abuse.’
2. Sole Physical Custody
In this arrangement, as with sole custody, the child in question lives with one of their parents or guardians. They are known as the primary custodial parent. The central distinction is that this does not involve sole legal custody. In this instance, one parent is accountable for the child’s physical home, but both parents share responsibility for the child’s or children’s legal requirements.
When the parents continue to share legal custody, the physical custodian’s house is usually the child’s home at least half the time. When one parent has sole physical custody, the other usually retains reasonable visiting privileges.
3. Split Physical Custody
In addition to reasonable visiting rights, physical custody is divided. This means that both parents share the obligation of providing a home for the child or children. The option of split legal custody, generally awarded when one parent obtains sole physical custody, does not always imply that legal custody is split.
Most shared physical custody cases are granted and agreed upon because of a non-hostile divorce. If the judge finds one parent unfit to meet specific criteria, it’s common for this to be denied despite both parents’ consent. Until the court determines otherwise, it’s a reasonably simple procedure for all parties concerned.
4. Joint Physical Custody
Joint physical custody is relatively similar to split custody, with a few significant differences. First, joint or shared custody is typically more friendly than split physical custody. Judges increasingly deny split custody in favor of joint custody. This is thought to contribute to the child’s welfare.
5. Physical Custody With Visitation
There’s some form of visitation in most of the previously mentioned scenarios. However, physical custody with visitation is when one parent is granted sole custody while the other is granted scheduled visitation hours. This is generally given with particular hours and days. In this case, it’s customary for one of the parents to have custody of the child the majority of the time.
Applying for Custody
Unless you and your former spouse come to a mutual agreement, you’ll need to take it to the justice system to decide. It’s worth hiring an attorney who knows about a mother’s rights in child custody cases. Here are some tips for applying for custody of your child in Philadelphia.
Where Should I Go?
If you’re filing your case, you’ll need to go to the Clerk of Family Court on the 11th floor of the courthouse.
The address is:
1501 Arch Street,
Philadelphia, PA.
If you require assistance with your petition, go to the Intake Unit of Philadelphia Family Court. It’s on the 8th floor at the same address. Make sure to bring relevant documents, including birth certificates, I.D, etc.
Instructions of all custody forms are on the Philadelphia Family Court’s website under the Court of Common Pleas-Domestic.
How Much Does It Cost?
The price of filing is $107.13 to file for custody. It costs an extra $42.68 to file for emergency custody. Additionally, if you can show that you can’t afford the fee, you may be excused from having to pay it.
How Long Does It Take?
For non-urgent cases, waiting times can vary as there’s typically a long waiting list. However, if you’re situation is urgent, you have options.
What If My Situation Is Urgent?
In some instances where the child’s or children’s health is under threat, it’s possible to file an emergency petition for custody. This comes at an extra cost (see above). Urgent petitions are not “expressway” options, and the possibilities are for those in severe conditions. Your petition will be dealt with on the same day to prevent any harm from coming to your child.
You can find more information about the process here.
Overview
When a married couple in Philadelphia decides to get a divorce, they will need to determine how to divide up their assets and parenting responsibilities. If the couple has children, they must agree on child custody arrangements. Each state has its laws about child custody, and Pennsylvania is no exception. In Pennsylvania, mothers have certain custody rights. However, fathers also have the right to request custody of their children. If the parents cannot reach a custody agreement, they may need to go to court and let a judge decide for them.
Getting a divorce and creating a parenting plan can be difficult, but resources are available to help parents through the process. Mothers seeking custody of their children in Philadelphia can find information about the legal process and how to apply for custody online or through local resources.
Contact Our Experienced Child Custody Attorneys
Our team is committed to providing all mothers with top family lawyer services. We can help you better understand your child custody rights and options, contact our office today.
