Custody

Physical Custody is the right to have a child in your care all (sole), most (primary), half (shared), or part (partial) of the time. 

 Legal Custody is the right to make educational, medical, and religious decisions for a child, either alone (sole) or with someone else (shared). 

 If the court has not entered a custody order for a child, the mother and father both have the right to have a child in their care, and to make decisions for that child.  

•  This is true even if they are minors.  

 So, if the parents aren’t cooperating (for example, one parent refuses to let the other see the child), a custody order will define who has the child at certain times, and who is responsible for making decisions.

•  As of 09/01/15, minors can file for custody on their own, without adult help. 
•  Filing for custody when you are cooperating can be a good way to prevent problems—you can always get a custody order “by agreement.”  
•  If you aren’t able to agree, the judge will make a decision based on the child’s best interests, which includes considering things like:  

Which parent is more cooperative; Whether there has been child abuse or domestic violence; Which parent has been caring for the child; and if a parent uses drugs or has a record. 

 Grandparents can only seek primary physical or legal custody of a grandchild if: 

•  The grandchild has been living with them for twelve months in a row or more, OR 
•   is “dependent” or at risk because the parent abuses or neglects the child, or is on drugs / alcohol. 

 If these things aren’t true, the grandparent can only seek partial custody (“visitation”). 

  For your Custody needs or other general settlement needs, please contact us by calling  1-570-881-8107 to schedule an appointment today. Our business hours are Monday through Friday from 9 a.m. to 5 p.m., with after-hour appointments by request.