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Pennsylvania Divorce: Date of Separation & Legal Steps

Written by Joseph E. Cordell on . Posted in Divorce.

Dealing with the emotional and legal complexities of ending a marriage is often overwhelming, even if both parties agree to end it. The cost of divorcing, if there are assets and children involved without a prior prenuptial agreement, may cause the divorce to take longer than it normally might. Knowing the importance of the date of your legal separation in PA can help start your divorce process. If you are planning to divorce and there is contention, obtaining a Pennsylvania divorce attorney can help ease the process. 

Pennsylvania Divorce Date of Separation 

The date of separation and the date you officially state you want a divorce are usually different. The date of separation is often a significant factor in your divorce. In Pennsylvania, the date of separation is presumed to be when the Divorce Complaint is served; however, this date can be earlier or later from such service depending on various factors related to the married couple that are established under the law. 

The date of legal separation in PA is important when determining your marital assets. It may also be a consideration when determining spousal support/alimony pendente lite (and thus child support), as the court looks at many factors, including financial details, when determining the equitable division of assets. 

Establishing a Date of Legal Separation 

Every divorce case requires an equitable division of property, which is not necessarily an even split. However, this applies only to marital property. If you are separated and purchase property, such as a vehicle, the court could deem that as separate property. Thus, the date of separation is important. 

If you and your spouse cannot agree on the date of your legal separation in PA, the court will look at certain factors to determine a separation date, including: 

  • The date one of you moved out of the home. 
  • When you stopped sleeping together, when you stopped wearing wedding rings, telling people you are married, or otherwise stopped acting like a couple. 
  • When you took separate legal or financial actions, for example, opening a separate bank account if you had a joint bank account. 

If you can’t agree on a date of separation and the court doesn’t have enough evidence to make a determination for a specific date, it will likely presume the date the defendant is served the Divorce Complaint as your date of separation. 

The Divorce Process in Pennsylvania 

Each step in the divorce process has strict deadlines, including serving your spouse after filing the initial documents. To start the divorce process, you must complete a Notice to Defend and the Divorce Complaint and serve it on your spouse within thirty (30) days once it’s filed with the court. 

Uncontested Divorce 

Once you serve the initial documents, you must wait 90 days from the date of service before filing additional documents required to advance the divorce. If you agree to the divorce, each party can file an Affidavit of Consents and a Waiver of Notice. If a party fails to file a Wavier of Notice. If a party fails to file a Waiver of Notice of Intention to file the Praecipe, You must wait an additional 20 days to file the Praecipe. 

If you file such proper paperwork, and there is agreement on how to resolve the economic issues in the divorce, you can file a Praecipe to Transmit Record and have the file for to court for entry of a Divorce Decree. 

Contested Divorce 

If you are seeking a contested divorce, you must be separated for the applicable period of time. If you separated after Dec. 5, 2016, you need to be “living separate and apart from your spouse” for one year prior to filing for divorce. If you were separated prior to Dec. 5, 2016, you need to be separated for two years prior to filing for divorce. 

You will need to file an Affidavit stating, among other things, your separation date and the other party has the ability to file their affidavit stating their proposed date of separation. If there is a disputed date of separation, the court will hold an evidentiary hearing on this issue. Once the initial steps have been completed, your spouse may respond to the complaint, and you both must complete the additional steps, including the filing of financial information and an inventory and appraisement of the marital estate. 

You can allege specific fault grounds or, alternatively, allege irreconcilable differences if you don’t want the reason for your divorce to become public. 

Why Work with Cordell & Cordell 

Even when you agree to divorce, you must settle several issues, including alimony and division of assets and liabilities. Divorce lawyers at Cordell & Cordell have experience in Pennsylvania divorce law and can guide you through the process. 

Client Experience 

“​[My attorneys] have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. [My attorneys] treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you! Because of this, I will definitely recommend Cordell & Cordell to anyone I know going through a similar situation.” – Brian H. 

“You all were extremely knowledgeable and on top of things. It was an amazing experience for what it was.” — Benjamin T. 

Pittsburgh and Philadelphia Family Law Attorneys 

Cordell & Cordell is a national law firm that guides men through various family law issues. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your legal separation case. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

How Do You File for Legal Separation in Pennsylvania? 

While Pennsylvania laws do not recognize the term “legally separated,” it does require you to live “separate and apart” for at least one year prior to filing for divorce. This means that you can live in the marital home as long as you are living separate lives as roommates, not as a married couple. 

You can file a separation agreement, or you can agree to a separation date. If you can’t agree to a separation date, the court will try to decide on the date based on the facts of your case and your actions, with the presumed date being the day the defendant was served the divorce papers. 

How Long Does a Divorce Usually Take in Pennsylvania? 

The minimum amount of time for divorce proceedings in Pennsylvania is over 90 days. From the time of service to the time the court allows a final hearing, it includes a 90-day waiting period. If the divorce is contested, it usually takes longer – and can take up to two years, including the separation time. 

What Is a Postnuptial Agreement? 

A postnuptial agreement is signed after you get married. It is common to sign a postnuptial agreement if the parties want to protect certain assets, for example, if one of the parties receives an inheritance or significant gift. The agreement spells out how you will divide your assets if one of you files for divorce or you agree to get divorced, the agreement can also control whether there is alimony, as well as its duration and amount. 

It can also be used to provide for a spouse who stays home to take care of kids, be a homemaker, or assign ownership of a business. You typically cannot use a postnuptial agreement in a divorce case to address child custody and child support issues, although a postnuptial agreement may be able to eventually control ultimate outcomes in your separate custody or support cases.

What Constitutes Income In Pennsylvania?

Written by Joseph E. Cordell on .

In determining a support obligation in Pennsylvania all income, direct and indirect, from all sources must be considered. Below is a broad, but not exhaustive, statutory list of what constitutes income in Pennsylvania:

  1. Compensation for services, including, but not limited to, wages, salaries, bonuses, fees, compensation in kind, commissions and similar items;
  2. Income derived from business;
  3. Gains derived from dealings in property;
  4. Interest;
  5. Rents;
  6. Royalties;
  7. Dividends;
  8. Annuities;
  9. Income from life insurance and endowment contracts;
  10. All forms of retirement;
  11. Pensions;
  12. Income from discharge of indebtedness;
  13. Distributive share of partnership gross income;
  14. Income in respect of a decedent;
  15. Income from an interest in an estate or trust;
  16. Military retirement benefits;
  17. Railroad employment retirement benefits;
  18. Social security benefits;
  19. Temporary and permanent disability benefits;
  20. Workers’ compensation;
  21. Unemployment compensation;
  22. Other entitlements to money or lump sum awards, without regard to source, including lottery winnings;
  23. Income tax refunds;
  24. Insurance compensation or settlements;
  25. Awards or verdicts; and
  26. Any form of payment due to and collectible by an individual regardless of source.

Earning Capacity

Income is not always the only thing that is considered when calculating support in Pennsylvania. A support order must be based on current income and also earning capacity.

Pennsylvania courts have found that earning capacity is more indicative of a party’s ability to pay support than actual earnings, and is defined as the amount that a person could reasonably earn, taking into consideration such factors as the party’s age, health, training and education.

This concept ensures that a party to a support action cannot avoid a support obligation by quitting their job or reducing their salary. When a party is deemed to have voluntarily reduced their income, they will be held to their earning capacity and the support amount dictated by that level of income.

It is broadly accepted that earning capacity and not actual income will be what is considered for support purposes when there is a voluntary reduction in income. However, there are certain circumstances where actual income may be considered.

A voluntary reduction in income may cause a reduction in earning capacity when the party can prove that is was for valid reasons, specifically that it was not for the purpose of lowering or avoiding a support obligation, and that they have validly attempted to find other employment at their previous income level.

Being fired from a position “for cause” can be construed as a voluntary reduction in income, and a party may be held to their earning capacity, in which past wages are factored. The party would have to attempt to show that they were not attempting to avoid their support obligation and that they have made significant, good faith efforts to secure new employment at their previous income level.

Even if a person is laid off from work through no fault of their own, earning capacity is still an issue. The party should be prepared to show their efforts at securing new employment if they want to seek a downward modification in their support order.

If a party to a support action has undergone a reduction in income and wants to modify a Pennsylvania support order accordingly, then it is important to be able to show that the reduction was not motivated by a desire to avoid or lower support and that good faith efforts were made to secure employment at the party’s earning capacity.

Pittsburgh and Philadelphia Family Law Attorneys

If you are a man facing divorce and are susceptible to possibly paying support in Pennsylvania, please consult with a divorce lawyer in your jurisdiction to ensure your rights are protected. Cordell & Cordell has offices and family law attorneys located in Philadelphia, Pittsburgh, and Radnor should you seek additional information or possible legal representation.

Pittsburgh Fathers Rights

Written by Joseph E. Cordell on .

Fathers rights in Pittsburgh, Pennsylvania, was finally acknowledged in early 2011 when new Pennsylvania child custody laws made gender neutrality in custody cases official.

The new statute aids Pittsburgh dads rights by stating “no party shall receive preference based solely upon gender in any (custody) award granted.”

Though it seems to be common sense that judges cannot discriminate against one party because of gender, Pennsylvania now has it written as a state law that one parent cannot be given preference based on gender when deciding child custody orders.

The new law also protects fathers rights on several issues, including limiting the ability of custodial parents (usually the mother) who want to move. These new dads rights laws now put the burden of proof on the custodial parent to show that a move would be in the best interest of the children, thus giving the non-custodial parent (usually the father) a chance to object to the move in court.

Get help with dads rights in Pittsburgh, Pennsylvania by arranging a meeting with a Cordell and Cordell mens divorce attorney, please call 1-866-DADS-LAW.

Dads Rights in Pittsburgh Resources | Pennsylvania Fathers Rights Resources

Dads Rights

Pennsylvania Fathers Rights In Divorce

Information on Fathers Rights

Philadelphia Fathers Rights

Written by Joseph E. Cordell on .

The updated Pennsylvania child custody laws are a significant achievement for fathers rights in Philadelphia.

In addition to a gender-neutral requirement that judges not consider gender when making an award of child custody, judges are now required to state on the record their reasons behind a custody determination. Heretofore, Philadelphia dads rights were ignored because non-custodial parents (usually the fathers) were usually left uninformed about how a custody decision was reached.

Further clarifying how and why custodial decisions were reached, Pennsylvania statutes now enumerate 16 child custody factors judges should consider. Previously, only three factors were outlined.

The most comprehensive overhaul of child custody laws in Pennsylvania is a victory for dads rights, but don’t be fooled into believing you will be treated equally as a father in family courts.

Get help with dads rights in Philadelphia, Pennsylvania by arranging a meeting with a Cordell & Cordell men’s divorce attorney, please call 1-866-DADS-LAW.

Dads Rights in Philadelphia Resources | Pennsylvania Fathers Rights Resources

Dads Rights

Pennsylvania Fathers Rights In Divorce

Information on Fathers Rights

Two individuals exchange money, with one handing cash to the other, against a blurred indoor backdrop where a third person relaxes on a sofa.

Pennsylvania Support Calculations

Written by Joseph E. Cordell on .

In many divorce cases, one spouse is ordered to pay child support and, in many scenarios, spousal support. Most often, the man is the party ordered to pay both types of financial support. Once the court applies Pennsylvania’s complex support calculations, this can put excessive financial burdens on clients.

At Cordell & Cordell, our lawyers have years of experience navigating the nuances of Pennsylvania’s support calculation process. Our compassionate approach aims to simplify this daunting process, giving you peace of mind and security for the future. Let us fight to keep you from being overwhelmed with excessive support payments.

Types of Support in Pennsylvania

Pennsylvania laws account for both spousal and child support when a couple divorces. Any monies paid by one spouse to another is more complex. Pennsylvania breaks the types of payments down into different categories, with each type requiring specific criteria.

Child Support

Child support is financial payments made by the noncustodial parent to the custodial parent to help provide financial stability to the household where the children live. Child support is designed with the best interest of the child in mind, and money is intended to go towards the care and upkeep of the children. According to Pennslyvania law, child support is paid until a child turns 18 or graduates from high school, whichever is later. Under some circumstances, support may be extended if the child has a condition preventing them from achieving financial independence.

Alimony Pendente Lite (APL)

Alimony pendente lite is a temporary type of spousal support designed to help the lower-earning spouse maintain financial stability during divorce proceedings. The higher-earning spouse makes payments to the other until the divorce is finalized and a divorce decree issued. Alimony pendente lite (APL) ceases upon the final order, satisfying all economic claims. In some cases, this may go beyond a divorce decree in the event there are bifurcated, unsatisfied economic claims, or if a decree is appealed.

Post-Divorce Alimony

Post-divorce alimony, if awarded, commences once a divorce is complete. A family court judge may award this type of financial assistance to the lower-earning spouse to maintain financial stability and a certain standard of living. A court will consider many alimony factors when calculating the final amount of post-decree alimony to be given to the receiving spouse, which usually ends after a specific period of time or if the spouse remarries or cohabitates.

How Spousal Support is Calculated in Pennsylvania

After divorce, any support you would have to pay your spouse would be considered alimony, which is calculated based on the 17 factors enumerated in the Pennsylvania Divorce Code, Section 3701.

Spousal support in Pennsylvania is calculated before child support. Alimony calculations are governed under 231 Pa. Code § 1910.16-4 and are calculated by subtracting 40% of the lower-earning spouse’s monthly net income after taxes from 33% of the higher-earning spouse’s net income after taxes. The difference results in the spousal support payment amount.

Depending on the couple’s situation, adjustments may be made as determined by the court in the form of a need-based budget assessment. This additional list of factors may change the amount of alimony:

  • Whether or not a couple has children, and child support payments are expected
  • Level of income of the higher and lower-earning spouses
  • Whether the couple carries a mortgage payment liability
  • If child custody is equally shared or one parent assumes physical custody

Pennsylvania alimony support can go on for an indefinite amount of time and is typically not modifiable. Support ends upon the death of either spouse, remarriage, or cohabitation.

How Child Support is Calculated in Pennsylvania

child wearing a blue shirt stacking coins on a white table

Pennsylvania determines child support using specific details for each parent to include in its child support calculations.

  • Total monthly net income (do not include Social Security Disability or public assistance as sources of income)
  • Number of minor children
  • If other child support is being paid (qualifies as a deduction)
  • Deductions for mandatory union dues
  • Deductions for federal, state, and local taxes
  • Each parent’s percentage of the income
  • Expenses relating to child care, education, and healthcare

Using this PA calculator*, the court will determine each parent’s percentage of obligation and the amount of child support payments to be made to the custodial parent.

*Use caution when utilizing online calculators. They can be helpful to get a general idea, but it can be difficult to determine an exact amount if you don’t have 100% of the precise information necessary to get an accurate figure.

Why Work With Cordell & Cordell?

Cordell & Cordell has been championing men’s rights in family court since 1990. Historically, men have felt as if they were treated unfairly in child support, child custody, and other domestic matters.

If you are facing paying support, you should have a Pennsylvania divorce lawyer run the support guidelines for you and give you an idea of how much you should expect to be ordered to pay in support if your wife pursues this action.

We believe in representing clients, acting as advisors and advocates to help protect their financial and family interests. If you believe you have been treated unfairly, we will use our intelligently aggressive approach to litigate your case in the Pennsylvania court.

What Our Clients Say

“[My attorney] is the very definition of perfection! She helped me so much in so many different ways that I can’t count. She always made me feel like I was her only client. She responded with only information that I needed and responded in a timely manner. I don’t think I would have ever been treated this way if it was anyone else. I was referred by another client of the firm. He told me that your firm did his case and that he wouldn’t use anyone else. I second that! If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and professionally unmatched!!” — Jeffrey M.

“She was amazing. She did a really great job. She was my divorce attorney, and my ex even said he would give her 5 stars. She was phenomenal.” — A.

Support For Clients Through Divorce and More

Working through the divorce process is difficult enough from an emotional standpoint, especially if you must leave the family home. Financing your own separate home while maintaining spousal and child support can also be challenging.

If you are a man facing divorce and are susceptible to being ordered to pay spousal support, child support, or alimony in Pennsylvania, please consult with a divorce lawyer in your jurisdiction to protect your rights. Cordell & Cordell has offices and family law attorneys located in Philadelphia, Pittsburgh, and Radnor should you seek additional information, legal advice, or possible legal representation.

To schedule an appointment with a divorce attorney, please contact Cordell & Cordell at 866-323-7529 or fill out our online contact form, and a member of our legal team will reach out to you.

Pennsylvania Property Division: Determining Fair Rental Value

Written by Joseph E. Cordell on .

According to the Pennsylvania Fair Rental Value law, in general, when two people are divorcing and one party is wholly excluded from the marital residence, the party who moved out may be entitled to a credit for the fair rental value of jointly held marital property against the party who remains in the home.

The rental credit is based upon, and therefore limited by, the extent of the dispossessed party’s interest in the property.

The rental value is limited to the period of time during which a party is dispossessed and the other party is in actual or constructive possession of the property.

The party in possession of the property is entitled to a credit against the rental value for payments made to maintain the property on behalf of the dispossessed spouse.

Generally, in regard to the former marital residence, payments made on behalf of the dispossessed spouse will be one-half of the expenses including debt service on the property. This is because equity places a presumption upon the dispossessed spouse of responsibility for expenses to the extent of her/his ownership interest, which is generally one-half.

Whether the rental credit is due, and the amount thereof, is within the sound discretion of the court of common pleas when it comes to diving property.

Will A Pennsylvania Count Grant Rental Credit?

The trial court has considerable discretion when determining whether to grant rental value as a part of equitable distribution.

The basis of the award of rental value is that the party out of possession of jointly owned property (generally, the party that has moved out of the former marital residence) is entitled to compensation for his/her interest in the property, and that one-half of the fair rental credit may be awarded to the dispossessed party.

Pennsylvania courts seem to be concerned with fairness when determining whether to award a rental credit. The courts have emphasized that awarding half of the rental value is not mandatory, and that they are more concerned with the total distributary scheme being equitable.

The court notes that an equitable distribution scheme may include an award of one-half of the rental value of the marital residence when possessed exclusively by the other spouse during separation, minus deductions from rental value for the non-possessing spouse’s share of expenses related to preserving the marital residence (i.e., mortgage, insurance, taxes, maintenance), and that the award of rental value is within the discretion of the trial court.

Trial courts have vast discretion in determining whether to award a party fair rental value. Courts seem to be primarily concerned with fairness when deciding whether they will award rental value.

Although it is not an enumerated factor to consider, courts do appear to consider whether the dispossessed party is required to pay rent during the time they were displaced from the marital residence when making this determination.

Pittsburgh and Philadelphia Family Law Attorneys

If you are a man facing divorce in Pennsylvania, please consult with a divorce lawyer in your jurisdiction to ensure your rights are protected.

Cordell & Cordell has offices and family law attorneys located in Philadelphia, Pittsburgh, and Radnor should you seek additional information or possible legal representation.

Pennsylvania Divorce Date of Separation

Written by Joseph E. Cordell on .

One of the most important first steps in obtaining a divorce in Pennsylvania is to establish a date of separation.

The date of separation in a Pennsylvania divorce is important for two primary reasons:

1.) It starts the clock for certain mandatory waiting periods for obtaining a divorce in Pennsylvania; and

2.) It establishes a “cut off” date for the acquisition of marital assets and for the accumulation of marital debt.

Establishing a Date of Legal Separation

A date of legal separation can be established via different means.

Perhaps the most definitive method of establishing a date of separation in Pennsylvania is to file a divorce complaint. The law presumes that the date of separation is the date on which the divorce complaint is filed unless a party can establish an alternate date.

An alternative way to establish a date of separation is through one party’s behavior, such as moving out of the marital residence or possibly even just moving into another bedroom and making it generally known that the two parties are now separated.

It is also important to separate the joint finances. This means that joint bank accounts should be closed and the parties should also stop accumulating joint or marital debts.

In order to establish a date of separation, a party’s conduct should clearly indicate an intention to separate from their spouse emotionally and financially.

Remember, prior to filing a divorce complaint, it is possible to “undo” the date of separation through your actions, for example, by resuming marital relations. This type of behavior and any other attempts that can be interpreted as reconciliation, however temporary, can create a new, later date of separation.

Pennsylvania Divorce Waiting Period

The date of separation is especially important under Pennsylvania law in non-consent based divorces, as there is a two-year time period that must pass before one party can obtain a unilateral “no-fault” divorce without the consent of the other spouse.

Because of its importance to the division of property, the Pennsylvania date of separation is often a major issue in divorce. If couples cannot stipulate to a date, then a court will have to decide.

Under Pennsylvania law the date of separation is described as the “cessation of cohabitation, whether living in the same residence or not.” This is a somewhat vague definition, which leads to an intensive fact-based analysis when the court needs to decide this issue.

As indicated above, the easiest way to establish a date of separation is to unambiguously inform the other spouse of your intent and then take clear actions to establish a date of separation, such as retaining a Pennsylvania divorce attorney and separating the finances.

Debt in a Pennsylvania Divorce

Please note, while debt accrued by a spouse post-separation may not be found to be marital debt by the court, a spouse may still be liable to a lender for debt accumulated by the other spouse post-separation if they are a co-signer on the line of credit/loan. Therefore, upon separation, it is important to immediately close any joint lines of credit.

The date of separation can also play a role in the division of retirement accounts, especially when dividing defined contribution plans.

Pittsburgh and Philadelphia Family Law Attorneys

If you are facing divorce and are susceptible to possibly paying support in Pennsylvania, please consult with a divorce lawyer in your jurisdiction to ensure your rights are protected.

Cordell & Cordell has offices and family law attorneys located in Philadelphia, Pittsburgh, and Radnor should you seek additional information or possible legal representation.

Pennsylvania Child Custody Questions

Written by Joseph E. Cordell on .

Pennsylvania child custody lawyers provide answers to frequently asked questions with regards to Pennsylvania child custody and custody laws.

Who will get custody of our child?

Long-standing law in Pennsylvania is that the most important consideration when determining custody is the best interest of the child. To determine the child’s best interests, the court must look at all factors that legitimately impact the child physically, intellectually, morally and spiritually.

The court will take many factors into account to make this determination, including but not limited to the child’s preference, custody arrangements of sibling, which party has typically been the primary caretaker, etc.

Related Article: Will I Get Custody?

What is joint custody? What is sole custody?

Joint physical custody, also called shared custody, is an arrangement where custody is shared by both parents in such a manner that assures both parents have continuous contact with the child. It is important to note that parties can share custody and not have equal time with the child. Parents may have shared physical and legal custody.

Generally, even if one party has primary physical custody the parties will share legal custody, or the right to make decisions for the child. Sole custody is the award of both physical and legal custody of the child to one parent. Sole physical custody is rarely granted.

Related Article: Joint Physical Custody vs. Joint Legal Custody

If both parents share custody does anyone pay child support?

Possibly. Support obligations are determined by calculating the disparity in parties’ incomes. If a child spends 40% or more overnights per year with a noncustodial parent, a rebuttable presumption exists that the noncustodial parent is entitled to a reduction in their child support obligation.

If the parties have equally shared custody there may not be a support order if their incomes are substantially the same. If one parent makes more money than the other, there will generally be an order for child support even if the parties equally share custody.

Related Article: Who Pays Child Support If We Share Custody?

Do grandparents have custody and visitation rights?

Yes. In Pennsylvania, the Grandparents Visitation Act provides grandparents with automatic standing to bring a petition for physical and legal custody of a grandchild. If it is in the best interest of the child not to be in the custody of either parent and if it is in the best interest of the child to be in the custody of the grandparent, the court may award physical and legal custody to the grandparent.

This applies to grandparents who (1) have genuine care and concern for the child; (2) whose relationship with the child began with the consent of a parent of the child or pursuant to an order of court; and (3) who for 12 months has assumed the role and responsibilities of the child’s parent.

Grandparents may also petition for partial custody and visitation. If an unmarried child has resided with his grandparents for a period of 12 months or more and is subsequently removed from the home by his parents, the grandparents may petition the court for an order granting them reasonable partial custody or visitation rights, or both, to the child. This custody may not interfere with the parent-child relationship.

It is also important to note that the time frame cannot be met by having the child and parent living with grandparents.

Related Article: What Visitation Rights Do Grandparents Have?

What can I expect from temporary orders?

If a custody complaint has been filed, a party may present a motion before the court for interim custody. This motion can be tailored to the party’s specific desires regarding a temporary custody order.

Generally speaking, an interim order will not be more than partial custody as the courts are trying to ensure that the party has guaranteed time with the child and not to circumvent the custody process.

Related Article: Preparing For A Temporary Orders Hearing

When will child custody be decided?

Because the Pennsylvania family system is trifurcated, custody actions may be brought on their own or as part of divorce or support actions. The custody system is designed to help the parties reach an agreement regarding a custody schedule.

If no agreement can be reached, a decision on custody will not be made until the judge hears the case.

Related Article: How Long Should It Take To Serve Custody Papers?

When can I modify custody?

Custody can be modified at any time at the initiation of either party, keeping in mind that the paramount consideration for determining custody is the best interest of the child.

A change in circumstances is not required to modify a custody order, however, it may be unlikely to obtain a change in the schedule if there has been no change in circumstances.

Related Article: Can Parents File For A Custody Modification At Any Time?

What if we cannot agree on a custody arrangement?

If parties cannot reach an agreement on a custody arrangement, they may be ordered to participate in mandatory educational and/or mediation sessions. If an arrangement still cannot be reached, court intervention may be necessary. A judge will ultimately decide the custody arrangement if the parties cannot reach an agreement on their own.

How is custody decided?

It depends. The court will take many factors into account when determining custody. Depending on the child’s age, intelligence and maturity, the child’s preference can be taken into consideration. Other potential factors include the parties’ work schedules and past abusive conduct on the part of either party.

The paramount consideration is what is in the best interests of the child. As this is a fact-specific standard, it is difficult to pinpoint one way in which custody is decided.

Related Article: The Factors Courts Consider When Determining Child Custody

What is visitation?

Visitation differs from custody. If a party has “visitation rights” they are not permitted to take actual physical custody of the child. The party is simply allowed to spend time with the child while the child is in control of another person.

Can a judge order supervised visitation or no visitation?

While a judge may order limited visitation rights, visitation is rarely denied completely. It is against public policy in Pennsylvania to destroy the relationship between parent and child.

Supervised visitation can occur with the supervisor being a family member or friend or by a neutral third party. If a neutral third party does the supervision there is generally a charge for the service.

Will my child need to appear in court?

It depends. Depending on the child’s age and maturity level, a judge may request to speak with the child should the custody litigation proceed to a hearing. Often, the child will not have to formally testify but will speak with the judge in his office.

Filing a Complaint to Establish Paternity in Pennsylvania

Written by Joseph E. Cordell on .

This article will discuss the matter of a father filing a complaint to establish paternity in Pennsylvania.

The issue of paternity often arises in the context of a child support case. In these situations, it is often the Mother who is the Plaintiff and is seeking to establish that the Defendant is the Father of the child and is therefore responsible for supporting the child. This situation arises with some regularity and is handled straightforwardly through the support process.

A situation that occurs less often is when a possible Father brings suit as the Plaintiff against the Mother of a child (now as the Defendant), in order to establish that he is the Father.

This type of case typically arises when a man believes that there is a high likelihood that he is the Father of a child but for whatever reason the Mother of the child denies him as the Father and will not willingly consent to having a paternity test conducted.

At this point, the only option the Father has is to file a complaint for paternity. When this is done, the court will assign a judge to the matter and also will schedule a conciliation or hearing. The complaint then has to be served upon the Mother of the child, and there is an attached scheduling order directing the parties to appear at the hearing.

DNA Test Order

At the hearing, the judge will decide if it is a situation where genetic testing should be ordered. This is not an automatic right, and it is up to the judge to decide whether there is a potential for the Plaintiff to be the Father.

The judge will also then make a determination as to whether the Father has held himself out as the father of the child or taken any other steps (such as signing the birth certificate) that would establish paternity.

If paternity has been established in any way, then the judge must go on the record to dis-establish paternity prior to ordering the testing. The Plaintiff/Father is responsible for the costs of the genetic testing.

If the judge does order the testing, the genetic tests will be scheduled for the potential Father, the Mother, and the child. There will also be another conference scheduled where both parties will finally learn the outcome of the test results.

At this point, the parties can enter into an agreement dismissing the complaint (if Plaintiff is not the Father), or finding that Plaintiff is the Father. Almost always this is the end of the matter. However, the Mother could still choose to try to litigate the matter further.

If Mother will not consent despite the DNA evidence, then the matter may be listed for a judicial conciliation or set for trial, although it is difficult to imagine a factual scenario that could overcome the genetic test results.

Paternity Attorney

If you are involved in a paternity suit you should consider contacting Cordell & Cordell’s Pennsylvania family law attorneys for additional information and possible legal representation.