Legal Question in Family Law in Pennsylvania

Re: shared physical custody

You asked about equal shared custody of a child after a divorce.

Guess what? Your ex is telling a fib. (But not a big one, as I'll explain below.) Many couples share equal custody and allow children to stay with whom they wish. This is not always the best choice for the child as many children choose the parent that is expected to be the more lax with rules and actual parenting (doing homework, household chores, practicing whatever...). Just remember that the goal here is the best interests of the child. And often that means giving the child boundaries that the child must respect. One parent must not play the good guy and make the other parent have to play the bad guy. It isn't fair to the child or the other parent. The parents should agree to a base set of guidelines as to basic child-rearing (what is the proper time to be home on a weeknight or weekend, what is the bed time, how much time devoted to homework....).

As to the statement that custody can't be shared 50-50. That's a common misunderstanding because the IRS does not allow parents to split the standard deduction for a child. That is a tax situation that is totally removed from the actual legal circumstances. Even a non-custodial parent (paying child support) can take the tax deduction for a child if that is what the parties agree. So, the two of you must decide who will take the deduction but I applaud your efforts to share custody.

Regards,

Roger

Re: shared physical custody

Anything is possible. If you two can agree to it then the court will go along.

Its only impossible if you x wants to make it so.

If you have any questions feel free to contact me, the initial consultation is free.

{John}