One of the most frightening things that can happen to a parent is for the other parent to threaten, “I will make sure than you never see the kids again.” Sometimes, this is a threat intended to make the “offending” parent stop divorce proceedings, agree to unfair conditions in a pending divorce or otherwise act as the threatening party desires. Whatever the circumstances, custody disputes in Stroudsburg PA are serious situations for the child, parents and other concerned parties.
The Safety of the Child Comes First
A judge or master will hold a custody hearing and will then consider all factors before deciding what is in the best interests of the child. The court must give more consideration to factors affecting the child’s safety which could include:
- Criminal convictions and charges, particularly if violence was involved, including domestic abuse, DUIs and drug charges
- Pending criminal charges against the other person that could present a risk to the child
Other Factors That the Court Will Consider in a Custody Dispute
Each situation is unique, but some of the factors that could be brought before the court in a custody dispute and would be considered include:
- Which party is more likely to permit and encourage a close and continued relationship between the child and the other parent
- Past or present abuse of the child or parent by a member of the household and which parent could best protect the child
- The amount of time each parent spends parenting the child
- The child’s need for stability and continuity and which parent is better able to provide a loving, nurturing relationship
- The presence of extended family
- The child’s preference, based upon the child’s maturity and judgment
- One parent’s attempts to turn the child against the other parent, unless these are safety measures needed to protect the child
- The distance between the parent’s homes
- The ability of the parents to cooperate on matters affecting the child – protecting the child from abuse is not considered by the court to be proof of unwillingness to cooperate
- The physical and mental condition of either parent or member of the household
Meet Erik Conrad Attorney at Thomas, Conrad & Conrad Attorneys at Law. For over 22 years, he has been handling high profile Divorce and Custody Disputes in Stroudsburg PA and throughout the Lehigh Valley. Visit the website to learn more or schedule an appointment today.
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