Child Custody Attorneys in Erie, PA

If you are a convicted felon, you are required to disclose the fact that you are a convicted felon if the other side does not know.  There are certain types of felonies that are more relevant in custody proceedings than other types of felonies, such as statutory rape versus embezzlement. Certain misdemeanors or other convictions may also be relevant in custody matters, such as drug and alcohol offenses.

Up until about a year ago, Judges were required to use simply what is called "Best Interest Standard," which meant they were supposed to consider whatever was in the best interest of the child.  The result of this was a multitude of judicial perspectives and wide discretion.  Within the last year and a half, Pennsylvania law has changed dramatically in this field.  There are a number of specific categories that the Judges are required to consider when determining what are the best interests.  They then write an opinion in order to guide the process.  These changes supply us with a blue print of how to try our cases and provide the necessary evidence, as well as bring greater consistency to the process.

There are many possible visitation schedules that can be agreed to by the parties or imposed by Court Order if necessary.   Some examples are 50-50 custody with a week on, week off pattern or 50-50 custody with a 5-2-2-5 day pattern.   Another option is primary custody to one parent with a partial custody pattern of weekends and/or weekdays with either day or overnight time to the other parent.

A child support obligation is determined by the income of the parents and the custody schedule, either an Order or actual practice.  If you have 50-50 custody, the parent with lower income can still file for child support.  If you have more than 50 percent custody, you can file for child support regardless of whether you or the other parent has higher income.

There is a monthly child support obligation that is calculated by guidelines set forth by the State. On top of that, if the parents have agreed to private school, or there is a history of the child already being in private school at the time of separation, then the Child Support Office or the Court can allocate those costs between the parents.  The same goes for child care costs; for example, if there is after-school care, before-school care, or care over the summer when school is out, it will be allocated between the parents, depending on their respective incomes.  Also, if there are any health insurance premiums, uncovered medical expenses, like co-pays, prescriptions, dental or vision, or if your insurance only covers a percentage of costs, then that will also be allocated between the parties based on their incomes.  You can also request allocation for reasonable extracurricular expenses.

Usually when it is a reasonable cost, it will be split or allocated between the parents.  If it is something unreasonably expensive, like a traveling soccer club that costs over $4,000 a year, the Court will probably not allocate it unless it was something being done prior to the separation.  If you had jointly decided your child is doing the $4,000 per year soccer club and then you split up, you still have an obligation to help pay for it.

In Pennsylvania, child support must be paid until the child is eighteen and graduated from high school. If a child was held back a year and will not graduate until age nineteen, support will continue because you have to meet both the age and graduation requirements.  At some point, the Court will stop the child support if the child is too old or dropped out of or didn't finish high school. Generally the Court will allow for a couple extra years.  In Pennsylvania, there is no responsibility for college expenses unless you agreed otherwise in a private agreement.  Usually, this comes up in a divorce agreement where the parties agree that they are going to each pay for half of college. Even though in Pennsylvania it is not a legal requirement, if it is agreed to privately, the Court can enforce it.