Child Custody and Support Attorney – Pittsburgh, PA

Pennsylvania Family Law

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Custody and support decisions affect your children’s daily lives and your financial stability
for years after a separation or divorce. Lebovitz & Lebovitz, P.A.
represents parents in custody, visitation, and support matters throughout Pennsylvania —
focusing on stable, workable arrangements that serve your children’s best interests and
protect your parental rights.

Whether you are filing for custody for the first time, seeking to modify an existing order,
or responding to an emergency petition, we provide direct attorney involvement at every stage
of the process.

Speak with a Pittsburgh custody attorney

Legal Custody vs. Physical Custody

Pennsylvania law distinguishes between two types of custody:

• Legal custody — the right to make major decisions about your child’s education, medical care, and religious upbringing. Pennsylvania courts favor shared legal custody in most cases, meaning both parents have a say in significant decisions.
• Physical custody — where the child lives and the schedule of time with each parent. Physical custody can be shared, primary with one parent and partial with the other, or in limited circumstances sole with one parent.

Many custody arrangements involve shared legal custody with a primary physical
custodian and a scheduled partial custody arrangement for the other parent. The right structure
depends on the child’s age, the parents’ schedules, proximity, and the specific circumstances
of the family.

Pennsylvania’s Best Interest of the Child Standard

All custody decisions in Pennsylvania are governed by the best interest of the child
standard. Pennsylvania law sets out sixteen factors courts must consider, including:

• Which party is more likely to encourage contact between the child and the other parent
• Each parent’s availability to care for the child
• The child’s relationship with siblings and extended family
• The child’s adjustment to home, school, and community
• Any history of domestic violence or abuse
• The child’s preference, given appropriate weight based on age and maturity
• Proximity of the parents’ residences and the ability to share custody practically

We build custody arguments around these statutory factors — identifying the strongest
elements of your case and addressing weaknesses before they become problems in court.

Custody Modifications and Relocation

Custody orders are not permanent. Either parent can petition to modify an existing order
when there has been a material and substantial change in circumstances.
Common triggers include a parent’s relocation, a change in the child’s needs, a new school,
or a significant change in either parent’s work schedule or living situation.

Relocation is one of the most contested custody issues in Pennsylvania.
A parent who wants to relocate with a child must provide formal notice to the other parent
and, if opposed, obtain court approval. Pennsylvania law places strict requirements on
relocation notice and the factors a court must consider before permitting a move that
would significantly affect the existing custody arrangement. We have successfully
represented parents on both sides of relocation disputes.

Emergency Custody Orders

When a child’s safety is at immediate risk, Pennsylvania courts can enter an
emergency custody order on short notice. Emergency petitions are available
where there is credible evidence of abuse, neglect, or imminent harm. We handle emergency
custody matters promptly — these situations require immediate legal attention and we
prioritize them accordingly.

Child Support in Pennsylvania

Pennsylvania child support is calculated using the Income Shares Model —
a formula based on both parents’ net incomes and the custody schedule. The formula produces
a presumptive support amount that can be adjusted based on specific circumstances including
childcare costs, health insurance, and extraordinary expenses.

Support matters in Allegheny County are handled through the
Allegheny County Court of Common Pleas Family Division
and the Domestic Relations Section. Support orders can be established, modified, or enforced
through that process.

Accurate income figures are critical to a fair support calculation. Self-employment income,
variable compensation, bonuses, and business ownership interests all require careful
analysis. We ensure the support calculation reflects the full and accurate income picture
for both parties.

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Child Custody and Support FAQs

How does a Pennsylvania court decide custody?

Pennsylvania courts apply the best interest of the child standard using sixteen statutory factors. No single factor is determinative. Courts look at each parent’s availability, the child’s relationships and adjustment, any history of abuse or domestic violence, the child’s preference (given appropriate weight based on age), and which parent is more likely to support the child’s relationship with the other parent. Pennsylvania has a strong preference for both parents being meaningfully involved in the child’s life where circumstances allow.

What is the difference between shared custody and primary custody in Pennsylvania?

Shared physical custody means the child spends significant time with both parents — not necessarily 50/50 but a meaningful schedule with each. Primary physical custody means one parent has the child the majority of the time and the other has partial custody on a scheduled basis. Shared legal custody — meaning both parents participate in major decisions — is awarded in most cases regardless of the physical custody arrangement. The right structure depends on the child’s age, parental schedules, and the specific family situation.

Can a custody order be changed in Pennsylvania?

Yes. Either parent can petition to modify a custody order when there has been a material and substantial change in circumstances since the order was entered. Common reasons include a parent’s relocation, a change in the child’s school or needs, changes in a parent’s work schedule, or concerns about the child’s welfare in the current arrangement. The court will apply the best interest standard again when evaluating a modification request.

What happens if one parent wants to move with the child?

Pennsylvania has strict relocation rules. A parent seeking to relocate with a child must provide written notice to the other parent at least 60 days before the proposed move. The notice must include the new address, reasons for the move, and a proposed revised custody schedule. If the other parent objects, the relocating parent must obtain court approval. The court considers factors including the reasons for the move, the impact on the child’s relationship with the non-relocating parent, and whether the move serves the child’s best interest. We have represented parents on both sides of relocation disputes.

How is child support calculated in Pennsylvania?

Pennsylvania uses the Income Shares Model — a formula based on both parents’ monthly net incomes and the number of overnights each parent has with the child. The formula produces a presumptive support amount. Adjustments can be made for childcare costs, health insurance premiums, and extraordinary medical or educational expenses. Accurate income figures are essential — self-employment income, bonuses, and business distributions are all included in the calculation. Support orders are established and enforced through the Allegheny County Domestic Relations Section.

Can child support be modified in Pennsylvania?

Yes. Either parent can petition for a modification when there has been a material and substantial change in circumstances — typically a significant change in either parent’s income, a change in the custody schedule, or a change in the child’s needs. Pennsylvania also allows an automatic review of support orders every three years upon request. We advise clients on when a modification is warranted and handle the petition process from filing through hearing.

What if the other parent is not following the custody order?

Violation of a custody order is a serious matter in Pennsylvania. A parent who repeatedly fails to comply with a custody order — withholding the child, missing exchanges, or interfering with the other parent’s time — can be held in contempt of court. Contempt proceedings can result in fines, make-up custody time, modification of the existing order, and in extreme cases incarceration. We file contempt petitions promptly when violations are documented and persistent.

How does custody connect to divorce and estate planning?

Custody arrangements should be consistent with your overall financial and estate planning. Child support obligations affect cash flow and should be factored into financial planning. Custody schedules affect tax filing status and dependency exemptions. Estate plans — including guardianship designations, life insurance beneficiaries, and trusts for minor children — should be updated to reflect the post-divorce custody arrangement. We coordinate with our estate planning practice and divorce representation to ensure consistency across all documents.