My child's father is hostile towards me and refuses to co parent with me. It seems that he is willing to co parent with his girlfriend than with me. He is very difficult. He has primary physical and I have partial-I am not an unfit mother, but he got primary, because I didn't play my cards right in our custody battle. Now, we are going back for custody modification soon for several reasons. I am not sure what the outcome will be, but if the judge orders shared custody, and we live in different states. I would like to know whether a judge may order shared custody since we live in different states? And
The PA custody statutes and appellate laws have indicated that there is no mathematical forumula for stating that an order is a shared custody order or is not. Shared custody instead is generally defined as a substantial and continuing relationship with both parents. Having said that, in practice shared physical custody is generally where the parents exercise at least a 60/40 split to an equal 50/50 split. There is a push to eliminate words in custody orders such as primary custody, partial custody, and shared custody and instead simply indicate each parent's schedule. This push however has not yet been implemented in the PA statutory language. Regarding support, the parent responsible for child support receives a downward deviation of support if exercising more than 30% of the overnights in a calendar year.
Generally speaking, you cannot be awarded shared physical custody when you reside in different states unless the child is young enough that he or she is not in school and you can in fact exercise somewhere around 40% of the overnights.
You should contact an attorney in the county where your case is being heard or the lawyer you have hired to represent you for specific advice based upon your actual facts.
As I stated in your other post, shared physical custody does not necessarily mean 50/50 time. Schedules can be accomodated based upon your child's age and attendance at school for the parent who lives out of state from school to have a majority of the summer, winter school break, spring school break, and long weekends to include the Monday holidays. It really depends upon the distance between the two of you, the travel arrangements and costs, and the age of your child.
You need an attorney to represent you who knows your case. There are too many variables and your situation too complicated. In essense there are thousands of options for shared physical custody. Different states isn't the issue so much as travel time. An important question may be Can the kids get to school when they are with you?