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Child Custody

Pittsburgh Child Custody Attorney

Experienced Child Custody Lawyer Serving Allegheny County, PA

Child custody issues are a frequent topic of discussion in divorce or separation cases. This is a common topic in any family law dispute when parents are involved. Our child custody lawyers Pittsburgh have the experience and patience to help you navigate your child custody case with ease and compassion.

Our Pittsburgh child custody lawyers have the experience to get you the custody agreement that you are entitled to. Protecting your child(ren)’s best interests is one of our greatest strengths as a law firm in Pittsburgh, Pennsylvania.

Our Pittsburgh child custody lawyers strive to put children first in custody disputes and will do our best to deliver on that promise no matter what the situation.

Contact Us Online Today or Call Us at (412) 693-6681 to Learn More About Our Child Custody Services in Pittsburgh, Pennsylvania.

Understanding the Child Custody Process in Pennsylvania

Navigating the child custody process can be overwhelming, especially during emotionally charged situations. Our dedicated team at Schmidt Bresnahan Law Group, LLC, is here to guide you through every step of the process, ensuring that your voice is heard and your child's best interests are prioritized.

Understanding the local legal system is crucial for Pittsburgh residents. Allegheny County has specific procedures and requirements that can affect the custody process, such as necessary documentation and the consideration of the child's best interests as defined by Pennsylvania law. It is important to be familiar with these specifics to ensure that the case progresses smoothly.

Here are some key elements to consider when approaching child custody cases:

  • Initial Consultation: Schedule a meeting with our experienced attorneys to discuss your specific circumstances and legal options. This will help you understand what to expect moving forward.
  • Mediation Opportunities: Explore mediation as a viable option to resolve disputes amicably. Mediation not only saves time and costs but also fosters a cooperative environment for both parents.
  • Gathering Documentation: Collect all necessary documents, including financial statements, school records, and any evidentiary materials that could support your case. This helps build a stronger position in court.
  • Temporary Custody Arrangements: Understand the possibility of establishing temporary custody orders while awaiting a final decision. This ensures stability for your child during the legal proceedings.
  • Post-Custody Modifications: Be aware that circumstances can change after a custody agreement is established. Our attorneys are skilled in handling modification requests when life events impact custody arrangements.

By arming yourself with knowledge and skilled representation, you can navigate the complexities of child custody with confidence. 

Legal Custody & Physical Custody

To understand child custody in Pittsburgh, you need to understand the two different types: legal and physical.

Legal custody:

  • Legal custody refers to who will have the authority to make important decisions concerning the child’s education, health, religion, and more.
  • Legal custody consists of sole legal custody and shared legal custody. Sole legal custody means one party can make all the decisions for the child. Shared legal custody means both parties are to consult with one another in making decisions for the child.

Physical custody:

  • Physical custody governs who and where the child will reside. Some examples of physical custody include shared, primary, partial, and supervised.

Pittsburgh families face unique challenges when determining the best physical custody arrangements due to the city's diverse neighborhoods and school districts. Our attorneys can help craft practical solutions that consider factors such as proximity to schools, extracurricular activities, and each parent's work schedule to ensure the child's welfare and continuity of life.

The Role of Mediation in Pittsburgh Child Custody Cases

Mediation plays an increasingly significant role in child custody cases in Pittsburgh. Utilizing a neutral third-party mediator, families are able to avoid lengthy court battles and work collaboratively to create a parenting plan that prioritizes the child's needs. Mediation can be scheduled through local family courts, and our firm can guide you on how to prepare effectively to achieve positive results.

In addition to saving time and expense, mediation offers flexibility that can be particularly beneficial for co-parents focusing on creating structured, yet adaptable arrangements that evolve with the child's changing needs. Bolstered by our in-depth local knowledge and experience, our legal team will assist you in maintaining focus during mediation sessions, ensuring discussions remain constructive and centered on the child’s welfare.

Pittsburgh Grandparent’s Custody Rights 

Since law revisions in 2011, grandparents who stand in for a parent can attempt to acquire legal and primary physical custody if specific details are satisfied in the following situations:

  • The child’s relationship with the grandparent started with the consent of a parent.
  • You, as the grandparent, are fully willing to assume all responsibility for the child.
  • One of the following applies: (a) the child is considered a dependent under the Juvenile Act or (b) the child is significantly at risk due to neglect, parental abuse, substance abuse, or incapacitation, or (c) the child must have lived with the grandparent for at least 1 year. If this is the case, then the grandparent must make the request within 6 months of the child’s removal from the parents.

To move forward and have a chance at getting child custody, the decision must be in the best interest of the child. If you are seeking child custody or even partial custody, an experienced attorney can help you navigate this process.

Grandparent Visitation Rights

In Pennsylvania, a grandparent can request visitation rights (also called partial custody) if the child’s family unit is broken.

A grandparent can file an action for partial custody when:

  • The child’s parent(s) is/are dead
  • The child’s parents have been separated for at least 6 months or have filed for divorce or separation, or
  • The child has resided with the grandparent for at least 12 months

As with custody rights, the grandparent(s) must also show that partial custody serves the grandchild’s best interests.

For grandparents navigating visitation rights, understanding the specific criteria and legal processes in Pittsburgh is crucial. Engaging with our law firm can provide you with clear guidelines on what to expect and how to prepare a compelling case for visitation in front of a family court.

Should I Hire a Lawyer to Establish Custody Rights as a Grandparent?

Grandparents can provide additional support and stability to the family unit. If you are a grandparent trying to seek custody of your grandchild, it would benefit you to consult with an experienced attorney to determine your rights. Our Pittsburgh grandparent’s custody rights attorneys can provide you with the knowledge and resources to help you figure out what decisions are best for your grandchild.

Understanding Third-Party Custody Rights

In loco parentis is a Latin phrase meaning "in the place of a parent." For child custody objectives, a court in Pennsylvania can grant custody to a third party — other than one of the child's parents — if it determines that it is in the child’s best interests.

When it comes to child custody, it's not just the parents who may have legal rights. In some cases, third parties such as grandparents, stepparents, or other relatives may seek custody or visitation rights. Our experienced Pittsburgh child custody lawyers can help you understand your rights as a third party and guide you through the legal process.

Factors that may influence third-party custody rights include:

  • The relationship between the child and the third party
  • The child's best interests and well-being
  • The parents' fitness to care for the child
  • The child's wishes, depending on their age and maturity

Whether you're a grandparent seeking visitation rights or a stepparent looking to establish custody, our legal team can provide the support and representation you need to navigate the complexities of third-party custody cases.

Understanding the nuances of third-party custody rights in Pittsburgh can be pivotal in ensuring favorable outcomes. Our attorneys can help assess your unique family situation, offer counsel on building strong cases, and navigate Pennsylvania's specific statutory requirements to best support your custody goals.

Child Custody Arrangements in PA

There are many different custodial arrangements that can either be agreed upon or if necessary the court will make the decision as to how much time the children spend with either parent. An experienced Pittsburgh child custody lawyer should be called upon to assist you with this part of the process as it can be difficult for parents to agree on all aspects of a custody arrangement.

A custody arrangement in Pittsburgh will consist of the following components:

  • A custody schedule that details who your child(ren) will reside with during the week and weekends and when this time will start and end
  • Which parent will spend which holidays and vacation time with the child(ren)
  • How you will transport the child(ren) to and from visitation
  • Which parent will make the legal decisions for the child
  • How involved the non-custodial parent will be in the child(ren)’s life

When formulating custody arrangements, Pittsburgh families need to consider logistical aspects specific to their lifestyle. This can include coordinating around the city's distinct public transit system, understanding the variance in school district policies, and accommodating the child’s extracurricular activities to minimize disruption. Our legal team is adept at assisting families in creating detailed plans that are practical and sensitive to the child's needs.

What Qualifies as an Unfit Parent in Pennsylvania?

Any records demonstrating mental or physical abuse that makes a parent unfit to care for their children, in addition to criminal charges and drug abuse, count as solid evidence showing that they are unfit to be granted custody.

Protecting Your Child's Best Interests

At Schmidt Bresnahan Law Group, LLC, we understand that child custody disputes can be emotionally challenging and complex. Our experienced Pittsburgh child custody lawyers are dedicated to protecting your child's best interests and helping you navigate the legal process with compassion and expertise.

When it comes to child custody, it's important to consider:

  • The child's safety and well-being
  • The child's relationship with each parent
  • The ability of each parent to provide a stable and nurturing environment
  • The child's preferences, if they are old enough to express them
  • Any history of abuse or domestic violence

Our practice emphasizes tailored solutions to address the specific challenges that each family faces. By combining legal acumen with a personal touch, we strive to manage disputes effectively while prioritizing the well-being of the child. Every decision made during the custody process should reflect the ultimate goal of fostering a healthy and supportive environment for the child.

Frequently Asked Questions

How Can I Change a Custody Order in Pittsburgh?

Changes to a child custody order in Pittsburgh can occur due to several reasons, such as changes in circumstances, the need for different support arrangements, or the evolving needs of the child. To modify an existing custody order, you must file a petition for modification with the court that issued the original order. The court will require evidence demonstrating why the modification is necessary, often focusing on what will serve the child's best interests.

Enlisting the assistance of a knowledgeable custody lawyer Pittsburgh can streamline this process. Our team guides clients through the necessary steps, from gathering relevant documentation to representing your case in court, ensuring a comprehensive approach that aligns with Pennsylvania's legal standards.

What Does the Court Consider in Visitation Decisions?

In visitation decisions, Pennsylvania courts prioritize the child's best interests. They assess factors like each parent's willingness to encourage and permit a continuing relationship between the child and the other parent, the history of drug or alcohol abuse, and the proximity of the residences of each party. Issues such as the child's age, emotional needs, and existing relationships with siblings or other close family members are also considered.

At Schmidt Bresnahan Law Group, LLC, we emphasize these elements, helping our clients present well-documented and compelling cases that suit the unique needs of their family situations.

How Do Pennsylvania Courts Handle Out-of-State Custody Moves?

Relocating with a child out of state is a complex legal issue in custody cases. In Pennsylvania, a parent wishing to move must provide notice to the other party and seek court approval if the move will significantly affect the custody arrangement. The court will examine how the relocation will impact the child’s relationship with both parents and whether the move will improve the quality of life for the child and relocating parent.

Understanding these requirements and effectively communicating the necessity of a move is a duty our firm is proficient in managing, providing strategic advice and representation to uphold your rights while focusing on your child's welfare.

Turn to Our Skilled Pittsburgh Child Custody Lawyers for Help

Our lawyers understand how emotionally taxing it can be to determine child custody and create a parenting plan. With almost 20 years of experience helping families in Pittsburgh and the surrounding areas resolve these family law issues, our Pittsburgh office is certain we can assist you in finding the best possible outcome for you and your family. We know that your child(ren) are your top priority, which is why our lawyers make them ours as well.

Heather Schmidt Bresnahan is an effective negotiator and a relentless trial family law lawyer. Her extensive family law background includes effective representation in Native American custody cases and grandparent’s custodial rights (under certain circumstances).

Contact Us Online today or call us at (412) 693-6681 to speak with our Pittsburgh child custody lawyers!

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