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Can I get 50/50 physical custody?

Bradford, PA |

Here is a little background information that might help. I have two children one 13 and one 8. My ex and I have been seperated for two years and divorces for about 7 months. There was a custody agreement made shortly after we seperated. The agreement is that I get my children every Tuesday and Wednesday from 4:30 to 7:30. And every other weekend. Also, on the weekends she has them I get them the Monday after from 4:30-7:30. At the time I was living with a relative and she still had our family home so, this was the best option. I am now on my feet and have my own place. For the last 4 months she has let me have thekids on Wednesday night as a overnight and I take the kids to school. A couple days ago the kids got sick and I took them to the doctor. They both had strept. The doctor said they

Attorney Answers 1


First, every county in PA is slightly different and you should consult with an attorney in your specific county. Most Courts will follow the pattern that you and your ex-wife have been following over the past 2+ years. That is not to say it is impossible to get 50/50 physical custody. You will have to provide the Court with a good reason for this change. If things are going well under the current set up, the Court may not be willing to make large changes. So, the more "ammunition" you have the better. Having your own place is certainly persuasive and may get you more time.

You should verify the process in your area. Many counties use the Conciliation Conference method where the first step is a Custody Conference where a Court appointed master tries to work out a deal between the parents. Usually these masters have no ability to fundamentally change custody. This is important as you may have to take this matter to a custody trial to gain more time with your children, unless your ex-wife agrees.

One other important note, the court should also listen to what your kids say at this point. They are both old enough to tell the Court what they feel. For obvious reasons, more weight is placed on an older child's opinions.

The advice provided does not create an attorney/client relationship. The within information contained herein is a general overview and does not apply to all states or situations as state laws vary. Every situation is different and the advice herein may not be applicable to your state. We have not undertaken representation of you and we will not file anything including, but not limited to, pleadings or petitions on your behalf. We will not protect any statute of limitations, which may exist in your state. We recommend that you consult with an attorney for legal advice, so that your specific concerns and situation can be analyzed by a legal professional in your state.

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