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CUSTODY AND VISITATION--There are several types of custody:legal custody, primary physical custody, partial physical custody and joint physical custody. Legal custody entitles both parents to have input into the major decisions in the child's life, such as education, religion, and medical treatment. Primary physical custody refers to the parent who has the child most often and is responsible for the day to day decision making for the child. The time allotted to the other parent by the court is referred to as "partial custody", it includes overnights, or "visitation," for day visits only. Joint physical custody is where the parents have equal physical custody of the child.
GRANDPARENT CUSTODY AND VISITATION--In Pennsylvania, grandparents have the right to seek physical custody of their grandchildren, whether partial or primary, as well as visitation rights.
PREPARATION FOR A CUSTODY BATTLE
While custody is the first issue I try to resolve amicably, both for the benefit of the children and the parents,it is not always possible. If the parties cannot reach an agreement about custody, they need to be prepared in the event the custody case goes to trial.
In determining a custody arrangement, the court is required to consider "best interests of the child", and they try to give custody to the parent who will provide the best environment and upbringing for the children.
To win your child custody case, you will need to prove to the judge that it is in the best interest of the children to be with you, or that the schedule you are seeking, if only seeking partial custody, is reasonable under the circumstances.
The Court will evaluate each parties' parenting skills and daily interactions with the children. Documentation and testimony from witnesses is necessary to back up the parental capabilities.
It is helpful to keep detailed, consistent records, such as a diary, in child custody cases. It should include the history of the caring for the child, each parties' past and present responsiblities, times spent with the children and positives and negatives of both parties' relationship with the child.
For example:
1-Record activities with the children on a daily basis to help show that you are heavily involved in your children's life on a continuing basis.
2-Attend all school activities, such as parent-teacher meetings, assemblies, school plays, and musicals. Try to interact with your child's teacher and office support staff in an ongoing manner. Keep record of all the activities that you attend.
3-Be the parent who takes your child to the doctor and dentist. This will help support that you are a nurturing parent, plus provide witnesses that will testify that you are the parent who brought the children in most often.
4-Foster your child's involvement in church and family activities. This will help prove that you are providing for your child's moral upbringing.
5-Take your children on vacations and outings to show that you spend quality time with your children. If possible take pictures and keep mementos for extra documentation.
6-Get witnesses who have observed you interact with your child over a long period of time to support that you are a good parent. This includes relatives, teachers, doctors, child-care workers, neighbors, and friends.
As for why the other parent is not suitable to be the primary caretaker, documentation might include:
1-Evidence of an overwhelming work schedule that restricts interaction with the children;
2-Interference with custody, or visitation times;
3-Incidences of domestic violence, such as police records, photos of bruises, etc;
4-DWI convictions, jail time, or proof of drug use;
5-Evidence of mental illness;
6-Activities that might endanger or could be detrimental to the child;
7-Any comments the children have made about neglectful, inappropriate, alienating or abusive forms of parenting by the other parent;
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