Best Practices When Preparing for a Child Custody Case in Pennsylvania

Family law proceedings are generally emotionally charged. When it comes to child custody proceedings specifically, the parties often have such negative feelings toward one another that they cannot speak without an argument ensuing making co-parenting impossible and causing people to seek the assistance of the courts to set a custody schedule.

Let’s say that you are in this unfortunate predicament. You want to spend more time with your child and file a complaint for custody – now what? Most people are at least somewhat aware of what happens in criminal court based upon what is glorified on television or in the news – the prosecutor presents evidence to a judge or jury and has to prove the defendant’s guilt beyond a reasonable doubt. But what does the judge consider in child custody cases? Is it enough just to show that the other party is a bad person? Without knowing certain fundamental rules and armed only with the goal of being crowned the winner by showing the judge you are a better person, you are effectively setting yourself up to walk into a figurative food fight. Below is a brief overview on what to expect when you go for a child custody hearing.

What does the judge consider when awarding child custody?

In determining custody, the judge considers several factors that would serve the best interest of the child and awards custody to the parent who will provide the best environment for the child. In other words, you have to prove to the judge that it is in the best interest of the child to be with you the majority of the time. The factors the judge considers are codified by Pennsylvania statute 23 Pa. C.S.A. § 5328. They include:

Is the party more likely to encourage and allow visitation and contact between the child and another party including the noncustodial parent.
If the child has been subjected to current or past abuse. If there is a risk of harm to the child, the party that can better safeguard against that risk is favored.
The type and scope of parental duties performed by each party.
A preference to maintain stability in the child’s life.
Whether extended family or relatives can care for the child.
The relationship the child has with his or her siblings.
The preference of the child. This factor must have some basis in reality. Children who appear to exercise maturity and judgement frequently have their presence taken into more significant consideration.
Whether a parent has attempted to alienate the child from the other parent.
The party that is more likely to maintain a loving, stable, consistent, and nurturing relationship over the course of the child’s childhood.
The party that is more likely to care for the daily physical, emotional, and developmental needs of the child.
Whether the custodial and non-custodial parents live in close proximity.
If the party is able to make arrangements for age-appropriate child care.
Does either parent or a member of the household have a history of alcohol or drug abuse?
Is there conflict between the parents that would affect the willingness and ability of the parties to cooperate with one another. It is important to note that a parent’s attempts to protect a child from abuse does not constitute evidence of unwillingness or inability to cooperate with that party.
The mental and physical state of all members of the household.
Any other factors that would be relevant to serving the best interests of the child.

What exactly do you want in terms of child custody?

When you walk into the courtroom, you should be prepared to articulate exactly what you are asking for in terms of child custody and present evidence as to why your proposal is in the best interest of the child. Have a custodial schedule prepared in advance that is reasonable so the judge has something to consider when she fashions her ruling. But be realistic; judges seldom award one parent sole legal and physical custody absent extraordinary circumstances and will instead fashion a schedule they believe to be in the best interest of the child that involves both parties.

What type of evidence should I bring to a child custody hearing?

Simply saying that you are a good parent and/or the other party is a bad person is not sufficient. Oral testimony is helpful, but you should also have evidence in the form of documentation or witnesses to corroborate your claims. It is often best to keep a paper trail when it comes to anything court-related. If the dialogue between you and the other party is so strained, there is no need to communicate with him or her unless it is about the child. If communication is necessary, it should be done via text message or email and should be limited to issues involving the child. That way, when you go to court, you are able to show the judge the nature of your interactions with the other party and show how you attempted to co-parent and be the more reasonable person. Verbal conversations, in person or over the phone, could lead to unnecessary arguments and leave the judge with no objective piece of evidence to review. In presenting your documents, make sure you have everything in order. Do not go to court with a folder full of loose papers and have to scramble around to look for certain documents. Also, make sure you bring multiple copies for the other party and also for the judge.

What should I testify to in a child custody matter?

Be prepared to testify as to your work schedule, living situation, activities with the child, your involvement with the child’s school and extracurricular activities, the presence of other family members, any medical issues the child may have, their diet, etc. In other words, you do not want to be stuck in a position where the judge or other party asks you a question about the child and your response is “I don’t know.” You should also be prepared to testify and provide evidence regarding the other party; specifically regarding how she responds when discussing custodial times, interference with custodial times, domestic violence, drug use, derogatory remarks that were made in the presence of the child, neglectful conduct, etc. Again, it is better to have documentation to back up your claims and highlight your position. Testimony from witnesses, such as teachers, neighbors, etc., that have observed your interactions with the child could be helpful. That being said, be careful about who you choose as a witness. Relatives, while supportive, could come across as biased. Just because your mother tells her friends that you are handsome does not mean you are.

What should I not do in a child custody matter?

Courts want to see parties cooperate with one another for the sake of their children. It is often frowned upon to refuse to communicate or compromise with the other party. Likewise, you should not withhold your child from the other party unless you reasonably suspect the other party is putting the child in a dangerous environment. Do not talk negatively about the other party in front of your child. Take the high road. Keep your comments and opinions to yourself even if you are frustrated. It is important to not place your child in the middle of the litigation and burden them with adult issues. Also, do not talk to your child about the custody proceedings. If the child’s testimony appears rehearsed or the child tells the judge she’s been coached to say certain things, that would reflect poorly on you as a parent and shows the judge you are willing to manipulate your child for purposes of gaining an advantage over the other party.

Your demeanor and appearance in court speak volumes of you as a person. Being prepared for litigation shows the judge how serious you are regarding the welfare of your child and that you took a lot of time and effort to present your case. Custody proceedings are often complex in nature and require actual preparation as opposed to simply going into court and engaging in a free-for-all. Failure to adequately prepare your case and articulate your position could lead to an adverse consequence that may not involve the best interest of the child. An experienced family law attorney can not only help you navigate the court system, but can also present your case before a judge in a clear and concise manner while communicating in such a way that minimizes the emotional outbursts.

For more information on child custody issues, or any other issues regarding support cases, divorce matters, pre-marital agreements, adoptions or grandparents’ rights, feel free to contact any of Willig Williams & Davidson’s Domestic Relations and Family Law attorneys at (215) 656-3600.