Divorce Pennsylvania Custody

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It sometimes happens that after visitation, the non custodial parent does not return the child to the custodian. As per the law in this state, the legal custodian must demand the child's return. If the non-custodial parent does not return the child within 48 hours, then the following 2 possibilities arise.

• The kidnapping parent is present in the state. This crime is called misdemeanor and as a result
  • This parent may be incarcerated for up to 30 days, or
  • May be fined 25 USD
• The kidnapping parent has crossed the state borders. This crime is labeled as felony. The punishment is that
  • This parent may be put in prison for 30 days to 1 year, and/or
  • May be fined 250 to 1000 USD

The best interests of the child are determined after due consideration of the following issues.

• Do the religious views of the parent impact the emotional and physical well being of the child?
• Has it occurred that one of the parents has walked out of the house? While doing so this parent has left the other parent to handle the residence and the child? When the previous break up occurred, which parent left?
• Whether the father or mother resides nearest to the school and social circle of the child?
• How close do the parents reside to the extended family members of the child?
• The residences of the father and mother are separated by what distance?
• What is the gender, health and age of the child?
• Whether the father or mother has more economical resources due to which he/she can provide more objects to the child?
• Using its discretion, the court might interview a child in the absence of the parents. While deciding whether the child should be heard, the court considers the maturity and the ability of the child to distinguish truth from fiction
• Which parent does not punish the child for any adverse action committed by the other parent?
• Which parent permits the child to communicate with their ex- -in-laws?
• Which parent strives to retain the intactness of the child's family?
• Have the parents drafted a custody stipulation?
• How are the physical and psychological abilities of the parents requesting custody?
• Whether any parent has provided an evidence of abuse by one party against any child living in the party's household or that of the party's spouse?
• If the child gets hurt, whom does he/she approach?
• Which parent gets involved in the following activities
  • Arranging day care
  • Bathing the child
  • Preparing the child to attend school
  • Shopping for clothes for the child
  • Feeding the child

In some cases, the parents reach a fair agreement between themselves regarding the custody and visitation arrangements. The next step is to have a stipulation and consent order. A stipulation is a statement of the settlement that has been reached. The consent order is given by the judge so that the agreement has the power of a court decision.

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