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Pennsylvania Divorce & Child Custody FAQ's

Posted By Cairns Law Offices || 28-Jul-2014

Child Custody in an Uncontested or No-Fault Divorce

To get specific answers about your own situation, it would be best to take advantage of a free consultation with a Pennsylvania divorce lawyer. In the meantime, here is an overview of some the custody issues involved in a Pennsylvania uncontested divorce.

How is child custody determined?

If the matter is before a judge, there are a great deal of factors that he or she will need to take in order to find what the best interest of the child means.

A few of these factors for deciding custody include:

  • Stability of environment each parent can provide
  • Ability of each parent to meet child's physical, medical, emotional needs
  • Each parent's commitment to fostering child's relationship with other relatives
  • Any record of substance abuse or domestic violence

If you bypass a contested divorce, however, the major decisions about you and your child's futures are not going to be made by a complete stranger. Instead, through an uncontested or no-fault divorce, you and your spouse can arrive at the best possible parenting to plan with which to move forward. This would get codified in your child custody agreement.

What are the different types of child custody?

There is physical custody, and then there is legal custody. Physical custody refers to where the child lives, while legal custody refers to the authority and legal right to make major decisions for the child, such as relate to medical or educational matters, for example. In some cases, a parent might only have custody while being supervised. Parents could share both physical and legal custody, one parent might receive sole physical or legal custody, or a hybrid arrangement could be created.

Can I get a no-fault divorce if I have children?

Yes, it is still possible to get an online, no-fault divorce, even when child custody is involved. For one thing, if you and your spouse created a child custody arrangement when you separated, this arrangement could remain in full force after you file for a no-fault divorce. Or if you and your spouse can come to an agreement, the Cairns Law Office can help you draft your custody agreement, as well your property division agreement, and you can file for a swift no-fault divorce. Our qualified Pennsylvania divorce attorney can ensure that the legal aspects of your divorce are quickly and neatly tied up.

Do I need a lawyer to create a child custody agreement?

While you do not need a legal advocate to plan a custody agreement if you and your spouse mutually come up with your own co-parenting arrangement, you may need legal help to ensure that your wishes are formulated in a legally correct way, and to ensure that your arrangement is in keeping with state law. If you work with the Cairns Law Offices, you can certainly save time by having our experienced team help you craft the necessary documents.

Find more answers, and learn how we may be able to help you, when you contact our Pennsylvania uncontested divorce attorney James Cairns directly!