Best Child Visitation Lawyers in Pennsylvania

About Child Visitation Law in Pennsylvania, United States

Child visitation law in Pennsylvania regulates the rights of non-custodial parents or other interested parties, such as grandparents, to spend time with a child. The primary goal of child visitation law is to serve the best interests of the child. The courts recognize the importance of maintaining stable and ongoing relationships between children and both parents, as well as other close family members, whenever possible and safe. Visitation, sometimes called parenting time, is separate from custody and typically refers to the time a parent without primary physical custody can spend with their child.

Why You May Need a Lawyer

Child visitation concerns can be emotionally charged and legally complex. You may need a lawyer for various reasons, including when:

• Parents separate or divorce and cannot agree on a visitation schedule
• The custodial parent is denying or interfering with your visitation rights
• You believe your child's health or safety may be at risk with the other parent
• There is a need to modify an existing visitation order due to a change in circumstances
• Grandparents or third parties seek visitation rights
• Allegations of abuse, substance abuse, or neglect are involved
• Enforcement of visitation orders or defending against contempt actions

An attorney can provide guidance on your legal rights, help draft legally sound agreements, represent you in court, and ensure that your interests and your child's well-being are protected.

Local Laws Overview

Pennsylvania laws regarding child visitation are governed primarily by Title 23 of the Pennsylvania Consolidated Statutes. Some important aspects include:

• Best Interests of the Child Standard: Decisions about visitation are always made with the child's best interests as the priority.
• Types of Visitation: The court may order supervised or unsupervised visitation depending on the circumstances. In rare cases, visitation may be denied if it is not in the child's best interest.
• Eligibility: Visitation rights are not limited to parents. Under certain conditions, grandparents, and in limited instances other third parties, may also petition for visitation.
• Modification: Either parent (or eligible interested party) may request modifications of visitation orders if a significant change in circumstances occurs.
• Enforcement: Pennsylvania courts can enforce visitation orders and take various actions if a parent is wrongfully denied access to their child.

Every case is unique, and the courts review many factors, such as parental history, safety concerns, the child's preferences (depending on age and maturity), and the relationship between the child and the non-custodial parent or petitioning party.

Frequently Asked Questions

What is the difference between custody and visitation?

Custody refers to the legal right to make decisions concerning the upbringing of a child (legal custody) and where the child lives (physical custody). Visitation, or parenting time, is the right of the non-custodial parent or other eligible person to spend time with the child.

Who can request visitation in Pennsylvania?

Typically, biological parents request visitation rights. However, grandparents and, in exceptional cases, other third parties may also petition for visitation if they meet certain legal requirements, such as having a previous relationship with the child.

Can grandparents get visitation rights?

Yes, in Pennsylvania, grandparents may request visitation or partial custody under certain circumstances, such as after the divorce or death of a parent, or if the child has lived with the grandparent for at least 12 consecutive months.

How does the court determine the visitation schedule?

The court considers factors like the child's age, health, emotional needs, safety, each parent's work schedule, the distance between the parents' homes, and, sometimes, the child’s preferences. The focus is always on what is best for the child.

Can a child refuse to go to visitation?

A child’s wishes are considered, especially as they get older, but they cannot unilaterally refuse visitation if there is a court order. The court may adjust the schedule, but until then, parents are legally obligated to comply with the order.

What if my ex is denying my court-ordered visitation?

If a parent violates a visitation order, you can file a petition for enforcement with the court. The court can take steps such as changing the custody order, ordering make-up visitation, or even imposing penalties on the non-compliant parent.

Is supervised visitation ever required?

Yes, the court may order supervised visitation if there are concerns about the child’s safety with the visiting parent, such as past abuse, neglect, or substance abuse issues. A neutral third party or agency supervises these visits.

Can visitation orders be changed?

Visitation orders can be modified if there is a significant change in circumstances, such as relocation, changes in the child's needs, or issues affecting safety and well-being.

What happens if a parent moves out of Pennsylvania?

A parent who wishes to relocate with the child must follow Pennsylvania’s custody and relocation laws, which require providing formal notice and, in most cases, obtaining approval from the other parent or the court.

How do I start the process to get a visitation order?

You can file a petition for visitation or custody at the local Court of Common Pleas, typically at the domestic relations or family court division. It is strongly advised to consult with an attorney to ensure your paperwork is filed correctly and your interests are protected.

Additional Resources

If you are seeking more information or support regarding child visitation in Pennsylvania, the following resources can help:

• Pennsylvania Courts: The Unified Judicial System of Pennsylvania provides access to forms, court locators, and self-help information
• Office of Children and Families in the Courts: Offers information on child welfare and family court processes
• Legal Aid of Pennsylvania: Many local legal aid offices offer assistance to those who qualify and can provide guidance on family law matters
• County Bar Associations: Many have lawyer referral and information services specific to family law and child visitation
• Parenting Education and Support Groups: Local community organizations often offer parenting classes and resources

Next Steps

If you need legal assistance regarding child visitation in Pennsylvania, consider taking the following steps:

• Gather all relevant documents, such as existing custody or visitation orders, communication logs, and any proof related to your case
• Contact a family law attorney familiar with Pennsylvania laws. An attorney can advise you on your rights, obligations, and the best strategy for your circumstances
• If you cannot afford a private attorney, reach out to your local legal aid office or county bar association for information about low-cost or free legal services
• Prepare a list of questions and concerns to discuss with your attorney or legal aid representative
• Take steps to stay focused on the best interests of your child throughout the process and seek support if you need it

Remember, each family’s situation is unique. Professional legal guidance can make a significant difference in reaching a positive outcome for both children and parents involved in child visitation matters.