Fathers' Rights
|
_Pennsylvania Fathers' Custody Rights Lawyers
Clients often
ask whether the Pennsylvania family courts have always favored mothers
when deciding child custody disputes. Strangely enough, the answer is
no. Prior to the early 1800's, the American laws were largely derived
from English common law, or in other words, laws derived from individual
cases decided under English law. Under the early English common law
which was adopted by the American courts of the day, only men could hold
property rights unless the woman was a widow or other limited
exceptions. Children were viewed simply as another piece of property
and, since only men were entitled to hold property rights, only the
husbands were awarded custody of the children.
In the case of Commonwealth v. Addicks decided in 1813 by the Pennsylvania Supreme Court, the late Chief Justice William Tilghman stated that "... considering their tender age, they [the minor children] stand in need of that kind of assistance, which can be afforded by none so well as a mother." With this statement, the "tender years doctrine" was born and a presumption that custody of children of tender years (in other words minor children) should be awarded to their mother. The tender years doctrine became one of the most pervasive and firmly entrenched presumptions in American law. Even when the tender years doctrine was found to be unconstitutionally stereotypic and voided in 1977, Pennsylvania courts nevertheless still favored primary custody awards to the mother but simply stated other factors as influencing their decisions.
PA Shared Physical Custody Orders for Fathers and Mothers
nearly all of the research on child psychology suggests the best custodial relationship for the children when both parents are fit parents, live within close proximity, and have a minimal degree of cooperation is a shared physical custody arrangement with mothers and fathers sharing custody on nearly an equal basis. The child custody attorneys at Amori & Associates, LLC have been strong advocates for shared physical custody orders in custody cases that meet those factual criteria. And, while it may seem that taking this position means that our staff advocates solely for the rights of Pennsylvania fathers, this is not the case. Our Stroudsburg child custody attorneys advocate for what is in the best interests of the minor children. Since the psychological research indicates that shared physical custody awards are generally best, that is the custody order that we seek in the majority (but not all) of our custody cases.
PA Custody Lawyers who Fight for the Best Interests of Minor Children
The worst mistake that most parents make when considering a separation from the other parent is failing to obtain legal advice prior to the separation on how to protect the custody rights of the children. This is not a time to be penny wise and pound foolish. A written agreement regarding custody should be negotiated by our custody attorneys prior to any separation or a custody action should be immediately commenced after separation to establish an order if an agreement cannot be reached by the parents and their custody attorneys. If not done immediately, most parents will be stuck with a court order that awards only whatever time they have actually exercised following the separation until a custody trial can be scheduled, which in some circumstances does not occur for over one year!
Contact Us
Our Stroudsburg child support attorneys will fight hard to insure that the PA child support order is fair to both parties and the children. Contact us tooday at
(570) 421-1406 for a no obligation consultation.
In the case of Commonwealth v. Addicks decided in 1813 by the Pennsylvania Supreme Court, the late Chief Justice William Tilghman stated that "... considering their tender age, they [the minor children] stand in need of that kind of assistance, which can be afforded by none so well as a mother." With this statement, the "tender years doctrine" was born and a presumption that custody of children of tender years (in other words minor children) should be awarded to their mother. The tender years doctrine became one of the most pervasive and firmly entrenched presumptions in American law. Even when the tender years doctrine was found to be unconstitutionally stereotypic and voided in 1977, Pennsylvania courts nevertheless still favored primary custody awards to the mother but simply stated other factors as influencing their decisions.
PA Shared Physical Custody Orders for Fathers and Mothers
nearly all of the research on child psychology suggests the best custodial relationship for the children when both parents are fit parents, live within close proximity, and have a minimal degree of cooperation is a shared physical custody arrangement with mothers and fathers sharing custody on nearly an equal basis. The child custody attorneys at Amori & Associates, LLC have been strong advocates for shared physical custody orders in custody cases that meet those factual criteria. And, while it may seem that taking this position means that our staff advocates solely for the rights of Pennsylvania fathers, this is not the case. Our Stroudsburg child custody attorneys advocate for what is in the best interests of the minor children. Since the psychological research indicates that shared physical custody awards are generally best, that is the custody order that we seek in the majority (but not all) of our custody cases.
PA Custody Lawyers who Fight for the Best Interests of Minor Children
The worst mistake that most parents make when considering a separation from the other parent is failing to obtain legal advice prior to the separation on how to protect the custody rights of the children. This is not a time to be penny wise and pound foolish. A written agreement regarding custody should be negotiated by our custody attorneys prior to any separation or a custody action should be immediately commenced after separation to establish an order if an agreement cannot be reached by the parents and their custody attorneys. If not done immediately, most parents will be stuck with a court order that awards only whatever time they have actually exercised following the separation until a custody trial can be scheduled, which in some circumstances does not occur for over one year!
Contact Us
Our Stroudsburg child support attorneys will fight hard to insure that the PA child support order is fair to both parties and the children. Contact us tooday at
(570) 421-1406 for a no obligation consultation.
513 Sarah street, Stroudsburg, PA 18360
|
(570) 421-1406 - Tel.
|
(570) 421-1407 - Fax
|