The issue of who will be the primary caregiver for the minor children after divorce will often be the most emotionally challenging aspect of your separation and/or divorce. It is important to remember that you and Mother or Father, are the only persons who know your children the best and what has worked the best for them in the past and what is more likely to work best for them in their future. You, your children and your family, are unique and it is imperative that your attorney obtain as much information about you and your family in order to paint a picture as to why is in the best interest of the minor children to be in your primary care. It is not always about how bad the other parent is, however, that is always part of the picture.
In any custody proceeding, it is the role of the Court to determine what is in the “best interests” of the child(ren). In January, 2011, substantial revisions were made to the Pennsylvania custody laws and the Pennsylvania Legislature created a list of “factors” that the Court must take into account in order to determine the best interests of the child(ren). Custody is divided into physical custody and legal custody. Physical custody relates to which parent will have the actual physical custody and primary upbringing of the minor children on a daily basis. Legal custody is the ability of a parent to participate in and make decisions regarding the children’s upbringing, such as their health related issues, religious instruction, and education. Shared custody, both physical and legal, will allow both parents at the play an active and integral part in raising their children. The most ideal resolution is to resolve a custody action without having to go to Court, because, it is usually the parents who know what is best for their children. In the event that litigation is necessary, you will need an experienced, aggressive litigator with who has dealt with complex and high conflict custody cases. Attorney Gricks will work with you to find an amicable resolution and to the extent necessary, proceed forward with litigation in order to protect the best interests of the minor child(ren).