- On Behalf of Topinka Law
- Child Custody
Parents going through a divorce or separation in Pennsylvania often begin the custody process with assumptions picked up from friends, family, or the internet. Some of those assumptions are outdated, and acting on them can hurt your case. The child custody attorneys at Topinka Law help parents separate common myths from what Pennsylvania law actually says.
Myth: Mothers Have an Advantage in Custody Decisions
Many parents still believe courts favor mothers for child custody purposes, especially when children are young. That belief traces back to the tender years doctrine, an older presumption that young children belonged with their mothers most of the time. Pennsylvania courts abandoned that doctrine decades ago.
Today, Pennsylvania law prohibits gender-based custody preference. Courts do not favor one parent based on gender. Judges decide custody based on the child’s best interests and consider the factors set by Pennsylvania law, including safety and each parent’s role in caring for the child.
Myth: You Can Withhold Parenting Time If the Other Parent Stops Paying Support
Child support and custody are separate legal obligations. If the other parent falls behind on court-ordered child support, you cannot deny them the parenting time a custody order grants. Withholding time can expose you to a contempt petition and may reflect poorly on you in future custody proceedings.
The better approach is to pursue enforcement through the court. Pennsylvania’s child support system includes tools to collect unpaid support, and an attorney can help you use them without risking your custody rights.
Myth: Older Children Get to Choose Where They Live
Pennsylvania does not set an age at which a child decides custody. Judges may consider a child’s well-reasoned preference, and how much weight it carries depends on the child’s maturity and judgment, not age alone. Even a strong preference is only one factor, and the court still decides based on the child’s overall best interests. Parents who want to know how this works in practice can read about whether a judge will speak with their child.
Myth: The Parent With Primary Custody Makes All the Decisions
Primary physical custody determines where a child lives most of the time. It does not control who makes major decisions. Legal custody, which Pennsylvania courts can award to both parents jointly and to one parent alone, controls that authority.
Legal custody covers major decisions about a child’s life, including:
- Education
- Medical care
- Religious upbringing
Parents who share legal custody generally need to consult each other on these decisions, even when the child lives primarily with one parent. Each parent makes routine, day-to-day decisions when the child is in their care.
Talk With a State College Child Custody Lawyer
If you are preparing for a custody case, reliable information matters more than secondhand advice. Acting on a misunderstanding of your rights can weaken your case before it starts. Call Topinka Law at 814-954-7280 or contact us online to discuss your family’s situation with a State College child custody attorney.