Getting Divorced When You Have Minor Children: Tips for Pennsylvania Parents

If you are preparing to go through a divorce with children, dealing with the child-related aspects of your divorce will be among the most important parts of the process. This is especially true regarding child custody. The decisions you make during your divorce will impact your life (and your children’s lives) for years to come, so it is important to make sure you thoughtfully address all relevant considerations.

7 Tips: Preparing for a Divorce with Children in Pennsylvania

What are these considerations? From developing a weekly parenting time schedule to addressing financial and property-related considerations, there is a lot involved in making sure you feel comfortable and confident in your decision-making. With this in mind, here are seven tips for preparing for a divorce with children in Pennsylvania:

Tip #1: Keep in Mind that Both Parents Generally Have Equal Rights Under Pennsylvania Law

Our first tip is to make sure you are starting with an accurate understanding of the law. Generally speaking, both parents have equal rights during the divorce process. In Pennsylvania, the law does not favor either parent; and, absent special circumstances, the sole focus in child custody matters is on protecting the best interests of the children involved.

Tip #2: Start By Learning About Pennsylvania’s “Best Interests” Factors for Child Custody

This brings us to our next tip: learning about Pennsylvania’s “best interests” factors for child custody. When going through a divorce, these factors guide all decisions regarding child custody—even if you don’t necessarily agree with what the law says is “best” for your children. Some examples of Pennsylvania’s “best interests” factors include:

• The safety of the child (or children) involved
• Any history of child abuse
• Each spouse’s current parental duties
• Providing stability and continuity for the child (or children) involved
• Access to the child’s (or children’s) siblings and extended family

We provided a more in-depth overview of Pennsylvania’s “best interests” factors in a previous article. To learn more, you can read: What Are Pennsylvania’s “Best Interests” Factors for Determining Child Custody?

Tip #3: Make Sure You Understand the Distinction Between Physical Custody and Legal Custody

There are two types of custody under Pennsylvania law, and parents must address both types during the divorce process. These are:

• Physical Custody – The right to spend time with your children after your divorce.
• Legal Custody – The right to make (or participate in) important child-related decisions after your divorce.

While physical custody and legal custody often go hand-in-hand, there are various circumstances in which divorcing parents may agree to share legal custody even when their children are in one parent’s physical custody. With both types of custody, clarity is key—and putting in the time and effort to clearly establish both types of custody rights during the divorce process can help prevent contentious disputes down the line.

Tip #4: Think About Your Child Custody Options with a Long-Term Perspective  

When making decisions about child custody during the divorce process, it is important to do so with a long-term perspective. If you develop a parenting time plan based on your children’s current extracurricular activities and your current work schedule, will this plan still make sense one, five, or ten years down the line? Even if your children are too young to have cell phones or driver’s licenses now, when they are old enough, what rules will you want to have in place?

Answering these types of questions is important for ensuring (or, at least, helping to ensure) that you don’t encounter unexpected challenges in the future. An experienced divorce lawyer will be able to help you think ahead and consider all of the options that are available.

Tip #5: Consider Creative Alternatives that Might Be Best for You, Your Spouse, and Your Children

Speaking of options, divorcing parents in Pennsylvania have lots of options when it comes to addressing both physical custody and legal custody. This includes creative alternatives—such as co-parenting and bird’s nest custody—that have become much more common in recent years.

Not only can considering these types of creative alternatives help divorcing parents come to terms; but, in many cases, these types of alternatives will work best for everyone involved. With that said, they won’t make sense in all cases; and, ultimately, you need to focus on what you believe will be best for you and your children long-term.

Tip #6: Address Child Custody Together with the Other Key Aspects of Your Divorce

When going through a divorce with children, there are five overarching issues that parents will typically need to address. These are:

• Child custody
• Child support
• Spousal support
• Distribution of assets
• Distribution of debts

Oftentimes, it will make sense to address these issues together. For example, when thinking about physical custody, it will often make sense to think about your financial support rights (or obligations) and whether you want to prioritize remaining in your family home after your divorce.

Tip #7: Seek Personalized Advice from an Experienced Divorce Lawyer Before You Make Any Assumptions or Decisions

Given all of the various considerations involved in addressing child-related matters during the divorce process, we strongly recommend seeking personalized advice from an experienced divorce lawyer before you make any assumptions or decisions. You should not take any options off of the table, and you should not become emotionally invested in one particular outcome too soon. An experienced divorce lawyer will be able to help you make informed and reasoned decisions; consider your spouse’s potential goals and priorities; and, formulate a plan focused on finalizing your divorce as efficiently, amicably, and favorably as possible.

Questions? Schedule a Free Consultation with Stroudsburg, PA Divorce Lawyer Gary J. Saylor, II

Do you need to know more about the child-related considerations involved in getting divorced in Pennsylvania? If so, we invite you to get in touch. To schedule a free consultation with Stroudsburg, PA divorce lawyer Gary J. Saylor, II, give us a call at 570-421-5568 or tell us how we can contact you online today.