Child Custody Safe and Protected with Powerful Representation

Philadelphia Child Custody Lawyer

Child Custody Attorney in Philadelphia, PA Protecting Parental Bonds and Child Welfare Throughout Southeastern Pennsylvania

Child custody cases are often extremely difficult, and they can be quite contentious. Courts in Pennsylvania, as in many other states, rely on the “best interests of the child” standard when determining what type of child custody arrangement is appropriate. If you need assistance with your child custody case, you should seek assistance from an experienced Philadelphia child custody attorney.

We invite you to reach out to us today to schedule a free consultation with a member of our team. Call (215) 610-3440 or contact us online to learn more.

How a Philadelphia Child Custody Case Typically Moves Forward

Understanding the basic path of a custody matter can reduce anxiety and help you prepare for each step. Most cases that involve children in Philadelphia County begin with the filing of a custody complaint or petition to modify an existing order. After the paperwork is filed and served, the court usually schedules a conference with a custody master, where parents are encouraged to reach an agreement before a judge becomes involved. Knowing this structure ahead of time allows you to gather documents, think through possible parenting schedules, and decide what you are and are not willing to compromise on.

If the parents cannot resolve all issues, the case can move on to further conferences, mediation, or a hearing before a judge who will take testimony and review evidence. At every stage, deadlines and procedural rules must be followed, or important rights can be affected. A child custody attorney in Philadelphia can help you prepare for negotiations, present your position clearly in court, and respond effectively if the other parent makes allegations you believe are unfair or inaccurate. With guidance about how judges in the Philadelphia Family Court often approach common issues, you can make informed choices instead of reacting in the moment.

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Types of Child Custody in Philadelphia, PA

Philadelphia courts award both legal and physical custody to parents in a child custody case. In many situations, child custody cases will arise out of a divorce in which there are minor children from the marriage. Yet child custody cases can also come up when unmarried parents decide to break up, or in situations where a biological parent comes forward to seek parental rights. Here is how Pennsylvania law defines the different types of child custody in the state:

Sole legal custody, in which only one parent has exclusive legal custody of the child, and the “right to make major decisions on behalf of the child, including, but not limited to, medical, religious, and educational decisions”;
Shared legal custody, in which both parents share legal custody of the child and both share the rights outlined above;
Sole physical custody, in which only one parent has exclusive physical custody of the child, which involves the “actual physical possession and control of a child”; and
Shared physical custody, in which both parents “assume physical custody of the child, each having significant periods of physical custodial time with the child.”

Pennsylvania law also uses the term “partial physical custody,” which refers to a situation in which one parent or one party has a “right to assume physical custody of the child for less than a majority of the time.”

Modifying And Enforcing Child Custody Orders in Philadelphia

Life circumstances almost always change after a custody order is entered, and Pennsylvania law allows parents to ask the court to modify an existing order when there has been a significant change. Common reasons for seeking a modification in Philadelphia include a parent’s new work schedule, a move to a different neighborhood or suburb, a child’s changing school or activity needs, or new concerns about a child’s safety. To request a change, a parent files a petition to modify in the same Family Division that issued the original order, and the court will again look to the best interests of the child when deciding whether to grant the request.

Enforcement is different from modification, and it focuses on making sure the existing order is followed. If one parent consistently refuses to follow the terms of a custody order—such as not showing up for exchanges at an agreed Philadelphia location, withholding the child, or repeatedly returning the child late—the other parent can file a petition for contempt or enforcement. The court may then schedule a hearing where each side can explain what has been happening, and the judge can order remedies that may include make-up time or other consequences. A Philadelphia child custody lawyer can help you decide whether to seek enforcement, modification, or both, and can guide you through documenting problems so the court has a clear picture of the pattern of behavior.

Factors for Determining Child Custody in Philadelphia

Courts can take into account a wide variety of factors when determining what is in the best interest of the child for purposes of awarding child custody. Pennsylvania law makes clear that the court should consider all relevant factors and should give particular weight to any factors that concern the child’s safety. Examples of some of the factors a court will consider include but are not limited to:

Which parent is more likely to encourage frequent and continuing contact between the child and the other parent;
History of child abuse or domestic violence;
Child’s relationship with siblings;
Child’s preference in situations where the child can articulate a well-reasoned preference based on the child’s maturity and judgment;
Likelihood of the parents to attend to the child’s daily caretaking needs;
Proximity of the parents’ residences;
Level of conflict that currently exists between the parents;
History of alcohol or drug abuse by either of the parents; and
Mental and physical health of the parties.

There are numerous other factors that the court may consider that are specifically enumerated in the statute, and the court can also consider any other relevant factors that are not listed.

Contact a Child Custody Attorney in Philadelphia, PA

When you are facing a child custody case, it is essential to have an experienced Philadelphia child custody attorney on your side.

Early legal guidance can be especially important if you are dealing with urgent issues like temporary custody, relocation, or allegations of abuse. By talking with a child custody attorney Philadelphia parents can get clear information about their options before making decisions that may affect their rights, such as moving out of the shared home or agreeing to a temporary schedule. We work to explain the process in plain language, prepare you for conferences and hearings, and help you stay focused on long-term goals for your child’s well-being rather than short-term conflict.

Frequently Asked Questions

How Long Does a Child Custody Case Take in Philadelphia?

The length of a custody case can vary widely depending on how complex the issues are and whether parents are able to reach agreements. Some families resolve matters at an early conference with a custody master, while others require multiple conferences and a hearing before a judge in the Philadelphia Court of Common Pleas. Delays can also occur if evaluations or additional reports are needed, so it is wise to discuss timing expectations at the beginning of your case.

Can Children Share Their Preferences With the Court?

In Pennsylvania, a child’s preference is one of many factors a judge may consider, but there is no specific age at which a child chooses where to live. Instead, the court looks at the child’s maturity and ability to express a well-reasoned preference. In Philadelphia, a judge may decide to hear from a child in chambers or rely on information provided through professionals involved in the case, depending on what is appropriate for that particular child.

Do Parents Have to Go to Trial to Get a Custody Order?

Many custody matters in Philadelphia are resolved through agreements reached at conferences or through negotiation outside the courtroom. If parents are able to agree on a schedule and decision-making structure, the court can enter that agreement as a formal order without a contested hearing. When parents cannot agree, a judge will hold a hearing and issue a custody order after considering the best-interest factors, but settlement remains possible at almost any stage of the process.

Contact our Philadelphia child custody attorney by calling (215) 610-3440 today!

The Person Who Sees The Whole Picture Meet Michael T. van der Veen

From local business owners, to the President of the United States, we fight for everyone's best interest. As founder of the firm, Michael T. van der Veen effortlessly combines accessibility, experience, negotiation, collaboration, and compassion to achieve results. He is the rare trial attorney who excels in both civil litigation and criminal defense. Known for his unwavering commitment to serving as the voice of the victim and advocate for the accused, he has established his reputation by winning multimillion-dollar jury verdicts in State and Federal Courts, as well as winning major criminal trials across the country.

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Frequently Asked Questions About Child Custody in Philadelphia, PA

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-610-3440 today!

Courts use the best interests of the child standard, evaluating many factors such as each parent’s ability to provide daily care, history of abuse or domestic violence, the child’s relationship with siblings, the level of cooperation between the parents, proximity of the parents’ homes, and the child’s preference when appropriate. Judges give particular weight to factors involving the child’s safety and emotional well-being.
Legal custody refers to the right to make major decisions for the child, including medical care, education, and religious upbringing. Physical custody refers to where the child lives and who provides day-to-day care. Either type of custody can be sole or shared, depending on what the court finds is in the child’s best interests.
Yes, but it depends on the child’s age, maturity, and ability to express a well-reasoned preference. Pennsylvania courts may consider a child’s opinion, but it is only one factor among many and will not solely determine the outcome. The court’s primary focus always remains the child’s best interests.
Yes. Custody orders can be modified when there has been a substantial change in circumstances affecting the child’s well-being. Examples include relocation, changes in a parent’s work schedule, concerns about safety, or significant shifts in the child’s needs. A parent seeking modification must file a petition and demonstrate why a new arrangement is necessary.

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