West Chester PA family lawyer, Joshua A. Janis is a member of Ciccarelli Law Offices, which is located in Chester County Pennsylvania and represents divorce, custody, support and family law clients in Exton, Kennett Square, Downingtown, Phoenixville, Malvern, Coatesville, West Grove, Avondale, Oxford, Landenberg, Westtown, Parkesburg, Honey Brook and Glenmore.  Ciccarelli Law Offices also serves the five county Philadelphia area, including Philadelphia, Chester, Delaware, Lancaster, and Montgomery counties and has locations to meet you in Springfield, Wayne, King of Prussia, Plymouth Meeting, Center City Philadelphia, and Lancaster.  Disclaimer.  Learn more by contacting Ciccarelli Law Offices.

212 West Gay Street West Chester PA 19380 (610) 692-8700

Joshua A. Janis, Esquire Ciccarelli Law Offices

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West Chester PA Joint Custody  Issues

 

Joint Custody is actually broken down into three categories: Joint Legal, Shared Physical, and Combination. Joint Legal custody is where the parents share care and control of the upbringing of the child, but the child has only one primary residence.    In Shared Physical Custody the child has two residences, spending at least 35% of their time with the other parent.  Additionally, you can make your own special joint custody agreement that is any combination of Shared Physical and Joint Legal Custody. One example of this is when there is one residence for the child and the parents live with the child there on a rotating basis.  

 

The court looks very closely at Joint Custody agreements. The most important factor to Joint Legal Custody to Shared Physical Custody is the ability of the parents to talk about and reach joint decisions that affect the child's welfare. If you are constantly fighting over what religion or what school, the court may strike down your agreement. 

 

Other factors include: 

    * willingness to share custody;

    * fitness; 

    * child's relationships with parents; 

    * child's preference; 

    * ability to stabilize child's school and social life; 

    * closeness to parent's homes (primarily a factor during the school year);

    * employment considerations (e.g. long hours, extensive travel, etc.); 

    * age and number of children; 

    * financial status; 

    * benefit to parent. 

 

Additionally, the sincerity of the parties involved is important. The court will want to make sure that joint custody isn't being traded for concessions on other points. Another consideration is whether the grant of joint custody will affect any assistance programs. Currently, Welfare and Medical Assistance are affected based on the award of Joint Legal Custody. Be sure to check with your contact at any social service agencies before entering into an agreement or you may be jeopardizing  your benefits. This list is not meant to be complete and the court will hear anything that they believe to be relevant. 

 

Whatever the situation requires, contact Attorney Joshua Janis and the custody law team of Ciccarelli Law Offices will fight for you and your family to achieve your goals.  Contact us at (610)692-8700 for a free consultation.