Recent Posts in Child Custody Category
| July 01, 2010 |
| Colgan to Present Advanced Family Law Seminar |
| Posted By Tim Colgan |
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| Colgan Marzzacco Attorney Timothy J. Colgan will present an Advanced Family Law Seminar for the National Business Institute (NBI) on November 9, 2010 in Allentown, PA. Colgan's presentation will focus on complex asset cases in divorce and on advanced child support and spousal support issues. |
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| April 22, 2010 |
| At What Age Can a Child Choose? |
| Posted By Tim Colgan |
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| In Pennsylvania, there is no age at which a child may choose with which parent to live. A child's preference is admissible in custody proceedings but the judge must decide how much weight to give to a child's preference. A child's preference based upon sound, mature reasons for selecting one parent over another is likely to be given greater weight than the preference of a child based upon momentary whim or impulse. The Pennsylvania Superior Court stated, "The weight to be accorded a child’s preference varies with the age, maturity and intelligence of that child, together with the reasons given for the preference. Moreover, as children grow older, more weight must be given to the preference of the child." Wheeler v. Mazur, 793 A.2d 929 (Pa. Super. 2002). |
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| February 05, 2010 |
| What is Legal Custody in Pennsylvania? |
| Posted By Tim Colgan |
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"Legal Custody" refers to a parent's right to share in decisions of major importance in the life of their minor child. Decisions that relate to the school a child will attend, medical care of a child and decisions about religion are all examples of Legal Custody issues. Legal Custody is different from Physical Custody. Physical Custody is the actual physical possession and control of a minor child. A parent can have limited or no rights of Physical Custody and still share Legal Custody.
For more information, please contact a Pennsylvania Custody Lawyer at Colgan Marzzacco, LLC at 800-615-0115 for a free telephone consultation. A Pennsylvania Custody Attorney at Colgan Marzzacco, LLC is available to answer your questions regarding custody or any other matter of relating to a family law case. |
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| January 12, 2010 |
| What is Relocation in Custody Cases? |
| Posted By Tim Colgan |
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When a parent who has primary custody of minor children wants to move, that parent either needs the consent of the other parent or permission from the court to move the children. While the court doesn't have jurisdiction over where the parent lives, they do have jurisdiction over the children and can ultimately decide if the children will be able to move with the parent. What constitutes a relocation isn't always clear cut. In some instances, a 5 mile move might be considered a relocation because it involves a change in school districts whereas in other cases a 45 mile move might not be considered relocation because the kids don't change schools and the parents are able to follow the same schedule of custody after the move as they did before the move. If it is a relocation case, the court has to consider three things in deciding whether to grant or deny the move: 1. What are the reasons that the custodial parent has for the relocation?; 2. What are the reasons the non-custodial parent has for opposing the move?; and 3. Can a schedule of custody be worked out that is similar to the current schedule of custody?
If you are considering a move, you should check with your attorney before moving or before committing resources to the move (down payments, changing jobs, etc.). If you'd like to discuss this issue or any other issue you may be experiencing, give us a call at (800) 615-0115. Our telephone consultations are free. |
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