Child Custody / Child Support Issues in Philadelphia

Thank you for visiting My Philadelphia Family Law Attorney. We are advocates for children’s rights when divorce steps into their lives. Please visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around Philadelphia.

The attorneys at the Family Law Offices of “insert attorney name” in Philadelphia practice specifically in the area of Child Custody and Child Support issues. Our attorneys are compassionate, assertive and committed to helping children during this stressful time – making sure their future remains intact.

Philadelphia Child Custody and Child Support Overview

Child Custody is the legal relationship between a parent and child when it comes to making major decisions and providing daily care.
The court’s #1 priority in determining custody is which parent has the best interests of the children.
In the United States each year about 1 million children are witness to divorce in their immediate family.

Child Custody in Philadelphia

The court will require the parents to create a Parenting Plan. The Plan details:
- Custody arrangements
- Visitation schedule – weekdays, weekends, holidays, vacations, etc.
- Who makes major decisions – medical care, education, general well being
If you and your ex-spouse cannot agree on a Parenting Plan, the judge could order a custody evaluation.
- A psychologist will interview you, your ex-spouse and your children.
- The psychologist will give his or her recommendations for custody and visitation to the judge.

Determining Child Custody

The #1 consideration in determining custody is always the children’s best interests.
If the children are older, the court will talk to them before making a decision.
Factors used in determining custody:
- Stable and loving environment
- Wishes of the parents
- Wishes of the child (if old enough)
- Who has been the primary caregiver
- Each parent’s ability to provide love, shelter, food, clothing
- History of abuse?

Types of Custody

Physical Custody
- The child will live with this parent.
- The parent has the responsibility of daily care.
Legal Custody
- Both parents have the right to make major decisions for their child:
  - Medical care
  - Education
  - Religion

Joint Legal Custody
- The children will spend an equal amount of time with both parents.
- The parents share major decision making.
- One home base is sometimes best for the children.
- Requires cooperation between the parents.

Relocation

If you want to move out of Pennsylvania, you must file for modification of the original court order.
Pennsylvania law limits the custodial parent from moving out of the state:
- Keep the child’s relationship with his or her non-custodial parent intact.

Philadelphia Child Support

Parents have the responsibility to financially support their child until the age of 18.

Child support is a court order stating a specific amount of money that must be paid to support your child.

The court order can include who is responsible for the child’s health insurance.

In order to receive child support, you must show the court that you are the primary custodial parent.

You must make sure to file in a court that is in your jurisdiction:
- Proof that you live in Philadelphia
- The person who should pay support lives or works in Philadelphia
You can do this without a custody order.
This requirement is known as “standing”.

You can file for child support in Philadelphia at:
- The Intake Unit of Philadelphia Family Court – Main Lobby
- 34 South 11th Street - Philadelphia

Once you file, you and the other parent will receive a Notice to Appear in Court for a pre-trail meeting with a Hearing officer.
- If paternity is questioned, a paternity test will be ordered
- Once paternity is determined, the amount will be set
- If amount is agreed on, an Order of the Court is signed by the judge
- If amount is not agreed on, it becomes a Temporary Order and the case is sent to a Support Master for a hearing

Philadelphia uses the Pennsylvania Support Guidelines to determine the amount of child support that needs to be paid. It is determined by:
- Both parent’s incomes
- Number of children
- Children from another relationship
Support Master’s Hearing – Each party will explain why they agree or disagree with the amount of support.
The Support Master will make a decision and file an order.

The State of Pennsylvania enforces all child support payments through PASCDU Agency.

Child Support Problems

If you are having problems receiving child support, visit:
Customer Service Center
- 34 South 11th Street – Lobby
  Philadelphia
If you have a court order for child support, you can file a contempt petition.
There is no cost.

Child Support Modifications in Philadelphia

Pennsylvania automatically reviews all court orders for child support every 3 years.
If your circumstances have changed significantly before that period, you can file a support modification petition.
Examples of changed circumstances includes:
- Loss of job
- Increase in salary
- Decrease in salary

Conclusion
If you are going through a divorce, and you and your ex-spouse are constantly fighting, you must remember that fighting solves nothing and can do a lot of harm to your child’s emotional health. Please call us at the Family Law Offices of “insert attorney name” in Philadelphia immediately. We don’t want your constant fighting to damage your relationship with your child.