THE. Custody and Visitation: How Legal Aid Helps VOLUME 8, ISSUE 1 SUMMER Bucks, Chester, Delaware and Montgomery. Counties Since 2001

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1 VOLUME 8, ISSUE 1 SUMMER 2012 Voice THE Serving Bucks, Chester, Delaware and Montgomery Counties Since 2001 Custody and Visitation: How Legal Aid Helps Mission The mission of LASP is to provide quality legal representation to lowincome and vulnerable people from Bucks, Chester, Delaware and Montgomery Counties, to empower them to solve problems without legal representation through legal education and increased access to the courts, and to change community practices and systems that cause or aggravate poverty. Ronald R. Bolig, Esq. President Elizabeth Wood Fritsch, Esq. Executive Director x204 Harvey Strauss, Esq. Executive Director x117 Central Administration 625 Swede Street, Norristown, PA Anyone who does anything to help a child in his life is a hero to me. Fred ( Mister ) Rogers Please Note: Articles in this newsletter are intended to provide general information and not specific legal advice. If you have a specific legal problem, you should consult an attorney or call our toll-free Helpline at Nearly one fourth of cases handled by Legal Aid involve child custody. When parents do not live together, their most difficult and serious disagreements often involve their children. While it usually is best for both parents and children if the parents can agree on their own about custody and visitation, this is not always possible. Legal Aid helps low-income parents obtain custody orders. These orders set custody and visitation arrangements and can also deal with important decisions about medical care, religious training and education. When accepting cases, Legal Aid gives the highest priority to cases that assure the child s safety and contact with both parents. Recently, Ms. R.* attended a custody information class at a local Legal Aid office to learn about obtaining custody of her 3-year-old daughter. During her interview with her attorney, Ms. R. revealed that the child s father had not returned her daughter following her most recent visit, telling Ms. R. that he would not bring her daughter back unless she turned over the child s social security card and birth certificate to him. Ms. R. believed that he was going to fraudulently obtain welfare benefits with the information so she refused and came to Legal Aid for help. Her Legal Aid attorney filed a custody complaint that same day and was able to obtain a court date for the following week. Ms. R. served the father with the complaint over the weekend and, upon learning that he was facing a court hearing, he immediately returned the child. Both parents attended the custody conciliation conference, at which time they agreed that Ms. R. would have primary custody and they agreed to a set schedule when the father could see the child. Legal Aid s procedures for handling custody cases differ by county. See Page 2 for county-specific information. * Not actual client name or photograph. LASP TOLL-FREE HELPLINE, MON-FRI 9 AM-1 PM, SE HABLA ESPAÑOL

2 THE Voice Changes to PA Child Custody Law While you can no longer call the changes to Pennsylvania s custody law brand new (they went into effect on January 24, 2011), parties, attorneys and the courts are still adjusting to the demise of old presumptions and application of new standards, rules and procedures. Gone, for example, is the presumption that a party s gender shall create a preference in rendering a custody award. Also no longer in effect is the prohibition against filing for custody while still co-habiting with the other parent. New provisions include clearer rules about the ability of a grandparent, great grandparent or third party to file for a custody order. In addition, the number and types of criminal convictions that can affect a parent s ability to obtain custody have been expanded. Factors in Awarding Custody: The best interest of the child still remains the standard for any custody determination made by the court. But while under the old law the court was left to use its discretion in deciding each case, the new law states that [the] court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child, It then lists 16 specific statutory factors 1. What is more, the court now must explain its reasons for its determination on the record in open court or in a written opinion or order 2. Given that the court may consider any other relevant factor (Factor 16), however, the judge still has some leeway to go beyond those factors listed. New Relocation Procedures: The most dramatic changes to the custody law were made in the area of parental relocation. If a party wishes to relocate with the child away from the geographic region and if that relocation will have a negative impact on the other parent s ability to maintain contact with the child, the new law provides for formal notification forms and procedures which must be followed with penalties for failure to comply. The statute lists 10 factors for the court to consider in deciding whether to grant the request to relocate. The insert in this newsletter covers some of the frequently asked questions that arise in this sensitive area of the law as well as how to access Legal Aid s custody assistance in each of our four counties. LEGAL AID CUSTODY CONTACTS for low income parents who need assistance in filing for custody: Bucks County Call to find out if you qualify for services and to enroll in a custody class (held monthly in Bristol). Chester & Delaware Counties If you are a low-income parent from Chester or Delaware Counties who needs assistance in filing for custody, call the toll-free helpline, weekdays from 9 to 1. If eligible for services, you will be scheduled for group custody classes in your local counties. Montgomery County Norristown Office Call or come to 625 Swede Street during walk-in hours, Monday, Thursday, Friday 1:30-4:00. Pottstown Office Call or come to 248 King Street during walk-in hours, Monday, Thursday, Friday, 1:30-4:00. 2 A Publication of Legal Aid of Southeastern Pennsylvania

3 Prepared by Legal Aid of Southeastern Pennsylvania CLIENT This fact sheet is intended to provide general information and not specific legal advice. The law often changes. Each case is different. If you have a specific legal problem, you should consult an attorney or call the LASP Helpline toll-free at Se habla español. Filing for child custody can be a stressful experience for both parents. Read this FAQ for helpful information about the legal process. > 625 Swede Street, Norristown, PA Fact Sheet Issues in Family Law Summer 2012 Child Custody FREQUENTLY ASKED QUESTIONS What is child custody? Child custody is the legal right to keep, control, guard, and care for a minor child and includes the terms legal custody and physical custody. What is the difference between legal and physical custody? When you file a custody action, the courts will generally determine both legal and physical custody. Legal custody is the right to make major decisions affecting the best interests of a minor child, including but not limited to: medical, dental, religious and educational decisions. Physical custody is defined as having actual physical possession and control of a child. In other words, who is the child living or staying with at any given time? In what county do I file for custody of my child? Child custody cases are filed in the county where the minor child has been living for a period of six (6) months or since the child s birth if the child is less than six (6) months old. Is there a fee for filing for custody? Yes. The filing fee may be as much as $200, depending on the county. However, if you are low-income, you may request a waiver of the fees by completing what is called an In Forma Pauperis (IFP) petition. If a judge grants your request, the IFP allows a low-income party to file their child custody paperwork for free. You will need to provide the Court with information concerning your monthly income and expenses in your petition. Am I more likely to get custody if I file first? No, it does not matter who files the papers. The judge will decide who gets primary custody based upon the best interest of the child. Turn the page for more frequently asked questions >

4 CLIENT 625 Swede Street, Norristown, PA Fact Sheet Issues in Family Law Summer 2012 Child Custody FREQUENTLY ASKED QUESTIONS Can someone other than a parent file for custody? In certain circumstances, yes. The rules for who can file (also known as standing) say that in some cases a grandparent may file for custody and even a third party may have custody rights when they have acted like a parent or stood in loco parentis (like a parent). Are child custody and child support linked? In other words, if the other parent is not paying child support, do I still need to let them see the child? Child support and custody ARE NOT LINKED. You may be found in contempt of a Court Order if you withhold visits from the other parent because they have not been paying support. You must also pay child support even if you are not seeing your child. Doesn t the court always keep children with their mother? The court will not automatically give mothers custody of their children. The court will decide who gets custody based on the best interests of the child. Will the court help me force the other parent to visit their child? No. Even if you get a court order granting partial physical custody or visitation to the other parent, the court will not force him or her to visit your child. I want sole legal custody. Will I get it? Sole legal custody is granted to a parent only in very rare circumstances. It could be granted when the other parent is incarcerated, or has documented issues with drugs, alcohol or mental illness so severe that they prevent that part that they prevent that party from participating in the legal custody decisions. Do I need an attorney to represent me? Parties can represent themselves in child custody cases. Unfortunately, due to limited resources, LASP can only provide representation in a very limited number of child custody cases. Please refer to Page 2 to see what services may be available in your county. If you would like a private attorney to represent you, you can contact your local bar association s lawyer referral service. Can my custody order be changed? Child custody orders may be modified at any point in time until the child turns 18 years old. However, a court is unlikely to consider a modification unless there has been a substantial change in circumstances. The court will use the best interests of the child standard to decide whether the modification should be granted. In filing a modification petition, you will generally go through the same procedures as in filing an initial complaint. What if the a parent fails to follow the order? If one parent willfully disobeys or fails to comply with an existing custody order, the other parent may file paperwork asking the court to punish that parent. The paperwork is called a Petition for Contempt.

5 d with sincere thanks to our recent donors THE Voice Legal Aid is pleased to announce recent grant awards from area charitable foundations that have been made in support of our work. In a year of falling government funding at every level, this support from area charitable foundations and corporate donors makes a big difference in our ability to maintain services for our region s most vulnerable families Foundation Awarded $10,000 in general operating support for the Chester County Division. The Bucks County Foundation Awarded $10,000 in funding to support the Bucks County Division s Legal Outreach in Tough Times Project. Their funding helps to support advocates that conduct outreach and represent clients in matters related to accessing government health, income maintenance and nutrition benefits, as well as consumer legal problems that have worsened during the current economic downturn. The E. Wallace Chadwick Memorial Fund Awarded $6,000 in general operating support for the Delaware County Division of Legal Aid. Claneil Foundation Awarded $5,000 in support of Protection from Abuse Legal Work. Flexible Benefits Plans Awarded $2,500 in general operating support. The Green Tree Community Health Foundation Awarded $5,000 in funding support for the Montgomery County Division s work with vulnerable older adults in eastern Montgomery County. Merck Charitable Foundation Awarded $25,000 in general operating support. The Pew Charitable Trusts Awarded a three-year, $126,000 grant to support Legal Aid s Elder Law work in its local offices and on the central telephone intake unit. The Philadelphia Foundation Awarded $40,000 in general operating support. These grants are directed to highperforming nonprofits in the Delaware Valley, with priority given to organizations who can demonstrate that at least 1/3 of those served are very low-income people. Univest Bank Awarded $2,500 in general operating support. Local United Ways UW of Bucks Co. awarded $25,000 in funding for financial stability and protection from abuse. UW of Chester Co. awarded $20,900 in funding for consumer education and financial independence. UW of Southern Chester Co. awarded $8,300 for free legal assistance for low-income and vulnerable residents A Publication of Legal Aid of Southeastern Pennsylvania 3

6 Bucks County 108 N. Main Street Doylestown, PA Veterans Hwy, Box 809 Bristol, PA Chester County 222 N. Walnut Street West Chester, PA E. Lincoln Highway Coatesville, PA Delaware County 410 Welsh Street Chester, PA Montgomery County 625 Swede Street Norristown, PA King Street Pottstown, PA NON-PROFIT U.S. POSTAGE PAID LEVITTOWN, PA PERMIT NO. 436 Free Legal Help Legal Aid of Southeastern PA provides free civil legal services for low-income residents of Bucks, Chester, Delaware and Montgomery counties. LASP Helpline Mon-Fri, 9 am-1pm TOLL-FREE Legal Aid also provides help with mortgage foreclosure and predatory lending problems. Don t Borrow Trouble Helpline Mon-Thu, 9am-1pm TOLL-FREE Se habla español. LASP offers educational brochures on these topics. To order copies, in English or Spanish, call the Helpline. Advance Healthcare Declaration Bankruptcy Child Support Credit Reports Custody Deposits Divorce and Separation Evictions Food Stamps Issues in Aging Landlord/Tenant Law Security LIHEAP Medical Assistance Power of Attorney Preventing Foreclosure Protection from Abuse Public Housing Repossessions Social Security Unemployment Comp Utility Law Community Education and Outreach LASP offers community legal education, staff in-service training and outreach about our services to a variety of groups in our four-county region. To schedule a LASP respresentative for an upcoming event, call Harvey Strauss, Esq. at x117.