Applying the “Best Interests of the Child” Standard in Shared Custody Cases, The Philadelphia Lawyer (Spring 2016 Edition)

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Yoninah Orenstein

Family Law attorney, Yoninah Orenstein, addresses how to apply the best interests of the child in shared custody agreements in her article featured in The Philadelphia Lawyer Magazine.

Even in the best of circumstances, divorce is a stressful process for all parties. This is especially true for the children who are placed in the center of custody disputes. While a variety of custodial arrangements exists, selecting a workable schedule that is acceptable to both parents and promotes the child’s best interests remains a complicated task, particularly when two “fit,” or competent, parents are involved.

In Pennsylvania, “shared custody” does not have a set legal definition, but it is thought to encompass both legal and physical custody. Legal custody is the right to make major decisions on the child’s behalf. This includes, but is not limited to, medical, religious and educational decisions.

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