Coming To a Custody Agreement in Philadelphia
When it comes to a custody case the two parents or parties have two options on handling the custody agreement. It is recommended to first try mediation with the assistance of a professional lawyer. If the two parties cannot come to a mutual agreement then they will proceed to a child custody litigation case where a judge will grant custody.
What Does The Judge Consider When Granting Custody?
When the decision of guardianship is left up to a judge each party will be present at the hearing. Both parties will have the opportunity to testify. They will each present their side and ask questions of the opposing party, or their lawyer will ask the questions for them. Each party can present evidence proving that they are in fact deserving of the custody they are requesting. This may include personal, medical, or school records. Both parties will also have the opportunity to have a witness. Every witness will have to have a subpoena to appear in court. Each party will be allowed to ask the other witness questions as well as their own witness, which is why it is important to come into court prepared. Having an experienced custody attorney can greatly help you properly organize you for your child custody case. The judge will weight several factors when making the decision of guardianship. Each family and situation is different but usually the judge will take many different factors into account.
The child’s age is considered. If the child is older he or she will be asked who they wish to have custody over them.
Who the child currently resides with and whom the child has resided with in the past will be taken into account.
Can the parent responsibly care for and provide for the child? This question involves many different factors such as the emotional and well being of the parents, as well financially and physically. This question of course is very important to the welfare of the child.
Past history of each parent will be carefully looked at. Was there a case of substance or physical abuse? Will the child be safe with each parent?
After careful consideration the judge will grant custody to the parties. If there is a discrepancy with the judges decision the parent can ask for a reconsideration. For more information contact your local and experienced Philadelphia child custody law firm. If you are seeking assistance with a child custody case in the Philadelphia area contact a qualified law firm.
This article has been provided courtesy of Philadelphia child custody attorney:
Erik B. Jensen P.C.
866-840-4893
http://www.erikjensenlaw.com
(Data Source: Family Law Section of Philadelphia Bar Association)
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