Physical Custody
Having physical custody of your children may involve caring for their needs on a regular basis while they reside with you.
When going through a divorce or separation, child custody is the most important arrangement to establish. Many parents are unaware of the fact that custody exists in several forms. Legal custody focuses on making decisions related to upbringing, while the physical custody is centered on attending to the child on a daily basis.
The Pittsburgh custody lawyers at Pittsburgh Divorce & Family Law, LLC understand how stressful a custody battle can be on a family. You want to cooperate with your former spouse for the sake of your child, but you also want to protect your parental rights. With years of legal experience, Pittsburgh family lawyer Anthony Piccirilli will work tirelessly to help your case reach a desirable outcome. You deserve the opportunity to be a guiding influence your child’s life.
Call (412) 471-5100 now to see how your parental rights can be protected.
What is Physical Custody?
Two forms of custody exist in Pennsylvania. Legal custody entails making essential, long-term decisions related to the child’s welfare, such as how the child will be educated and whether any religious influences will be present. Physical custody, on the other hand, is the right to handle the day-to-day needs of the child. Children almost always live with the parent that possesses physical custody. This parent also has the final word in matters related to upbringing and child welfare.
Most custody cases conclude with shared physical and legal custody of a child. However, a child may reside with one parent – the custodial parent. The non-custodial parent is normally granted visitation rights. Visitation allows a parent to spend exclusive time with their child, time that cannot be interrupted by the other parent. A child might visit with a non-custodial parent on weekends, trips, certain holidays, or for several weeks during summer break.
Determining Factors
When parents are unable to arrange a custody agreement on their own, it is the responsibility of a judge to create a custody order. While the concerns and opinions of friends and family are taken into account, the primary focus is the best interest of the child. Many factors are considered when determining physical custody rights. They include, but are not limited to:
- Whether or not the parents are able to cooperate in order to make decisions related to child welfare.
- The parents’ willingness to agree to the custody order. Will either parent attempt to violate the terms of the agreement?
- Is there a history of domestic violence or abuse in either household?
- Does either parent have a problem with drugs or alcohol?
- How would each parent ensure the child’s safety?
- Does the child have a preference? Is the child attached to one parent more than the other?
- Which parent is able to offer a more stable home life?
- How close do the parents live to one another?
Let Anthony Piccirilli Protect Your Rights
Regardless of the circumstances surrounding a divorce or separation, physical custody is almost always granted to one parent. If you are involved in creating a custody agreement, it can feel as if you are being treated unfairly. After all, you are only seeking the opportunity to build a lasting relationship with your child. What’s more, your spouse may be trying to cast you in a negative light, claiming that you are unfit to obtain physical custody.
The Pittsburgh custody lawyers at Pittsburgh Divorce & Family Law, LLC realize that losing parental rights can uproot everything you have worked so hard to establish. Attorney Anthony Piccirilli can argue that you deserve the rights associated with physical custody.
Call (412) 471-5100 today to see how the relationship with your child can be maintained.