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Alexis Moncman Miloszewski

Alexis Miloszewski’s Answers

3 total

  • I want to divorce my husband, but I have no college or good work experience. I am afraid he would win custody of our kids.

    When looking at a custody case, what qualities and work/college would a judge favor? My husband isn't working and has failed all attempts at college. He held a job for 4 years until recently and hasn't gotten a decent job here yet. If I got i...

    Alexis’s Answer

    In coming to a final determination about a custodial schedule, a court must now look at the factors listed in the New Custody Act. These factors apply to all cases, despite the case existing prior to the passage of the new Statute's active date of January 24, 2010. This is because the Legislature clearly intended all custody matters to be viewed under the Act.

    The Factors are as follows:

    § 5328. Factors to consider when awarding custody (a) Factors.--In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child, including the following:
    (1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
    (2) The present and past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
    (3) The parental duties performed by each party on behalf of the child.
    (4) The need for stability and continuity in the child's education, family life and community life.
    (5) The availability of extended family.
    (6) The child's sibling relationships.
    (7) The well-reasoned preference of the child, based on the child's maturity and judgment.
    (8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
    (9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.
    (10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
    (11) The proximity of the residences of the parties.
    (12) Each party's availability to care for the child or ability to make appropriate child-care arrangements.
    (13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
    (14) The history of drug or alcohol abuse of a party or member of a party's household.
    (15) The mental and physical condition of a party or member of a party's household.
    (16) Any other relevant factor.

    The factors are to be given weight on a case by case basis. No two cases will ever be the same, despite having the same factors considered. This is because different weight can be accorded to each factor. Further, individual judges may make different assessments as to the weight to be given a particular factor in a given case.

    The circumstances you mention about your educations and jobs don't really come into play for a court to determine the appropriate parent to have primary physical custody. Although, in an ironic twist, the parent who isn't working can argue they have more time available to be with the children. One would counter this by asking how then could they properly support the child? The obvious answer is with a child support order.

    The issue about physical abuse is a proper and very relevant issue to raise. Was there ever a PFA filed as a result of the abuse? If so, the court will have to require the subject of the PFA order undergo a "Risk Assessment" under the new 2010 custody act.

    You should seek competent counsel to assist you in the preparation and filing of a complaint. Representation is crucial. Good luck!

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  • Would I win in a custody hearing?

    My daughters father and I have joint custody, he is to have her 10 nights a month. Between June 2011 and December 2011 he only had her a total of 27 nights. I have every minute she spent with him written down. I would like to take him back to cour...

    Alexis’s Answer

    • Selected as best answer

    In coming to a final determination about a custodial schedule, a court must now look at the factors listed in the New Custody Act. These factors apply to all cases, despite the case existing prior to the passage of the new Statute's active date of January 24, 2010. This is because the Legislature clearly intended all custody matters to be viewed under the Act.

    The Factors are as follows:

    § 5328. Factors to consider when awarding custody (a) Factors.--In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child, including the following:
    (1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
    (2) The present and past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
    (3) The parental duties performed by each party on behalf of the child.
    (4) The need for stability and continuity in the child's education, family life and community life.
    (5) The availability of extended family.
    (6) The child's sibling relationships.
    (7) The well-reasoned preference of the child, based on the child's maturity and judgment.
    (8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
    (9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.
    (10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
    (11) The proximity of the residences of the parties.
    (12) Each party's availability to care for the child or ability to make appropriate child-care arrangements.
    (13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
    (14) The history of drug or alcohol abuse of a party or member of a party's household.
    (15) The mental and physical condition of a party or member of a party's household.
    (16) Any other relevant factor.

    The factors are to be given weight on a case by case basis. No two cases will ever be the same, despite having the same factors considered. This is because different weight can be accorded to each factor. Further, individual judges may make different assessments as to the weight to be given a particular factor in a given case.

    The circumstances you are mentioning will be weighed by a judge in accordance with the factors I've outlined. If you have documentation and witnesses to these circumstances, that is good. It may be needed at a custody trial. You should seek the assistance of competent counsel to assist you in the presentation of your case.

    Good luck!

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  • I want to know how to initiate an appeal to a recent child support order increase

    I am writing on behalf of my brother (who was hospitalized last evening). his ex-wife recently filed for an increase in the child support payments. he was paying $250./mo. she now wants to receive $630/mo. she does not work...he is willing to p...

    Alexis’s Answer

    In Pennsylvania, child support is generally calculated based upon a formula that takes into account: both parents' net incomes; parental expenses, such as the number of additional children a parent may be supporting; the amount of time each parent has with the child (physical custody) and any special needs of the child, such as medical needs or educational needs. However, this list is not inclusive.

    I agree with the previous responses. Due to the deadline, it is imperative that you contact an attorney familiar with local support appeal practice immediately.

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