Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

When Anger Turns to Spite: Why Motive for Child Custody Must Be Determined

| |

Child custody can often engender highly contentious debate when it comes time to decide who will have custody of the child or children. Whether the parents in question are married, unmarried, divorced, or estranged there is nothing more important than deciding the fate of the children.

The best interests of the child

The doctrine relied upon in Pennsylvania as well as other jurisdiction is “the best interests of the child.” The determining factors are provided in relevant part by 23 Pa. C.S.A. § 5328:

(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.

Despite this detailed list of factors it is crucial that a finder of fact determine what led to this custody litigation. If there was adulterous conduct, an issue with financial mismanagement which caused insolvency of the family, abuse that is not physically or tangibly apparent such as psychological abuse of the spouse, or any other contentious relationship matter which lead to a custody debate. The underlying motives of the parties are crucial to a custody determination.

When the parties are motivated by previous slights or monumental relationship blunders, they may be depriving, by means of their attorney’s argument for custody, an otherwise good parent of the opportunity to have continued contact with their child and provide parental support. It is important that a judge have a discussion with the parties that will outline their relationship history and determine the causes of the dissolution of their relationship. This discussion will make a judge better suited to see through baseless claims rooted in spite.

Client Testimonials

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

Serving Clients at the Following Locations

Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
ChicagoTwo Prudential Plaza 180 North Stetson Suite 3500 Chicago, IL 60601(312) 252-2085view details
Schaumburg1750 E. Golf Rd, Suite 382 Schaumburg, IL 60173(630) 491-9670view details
Texas500 W 2nd St Suite 1900 Austin, TX 78701(512) 883-1684view details
Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details
Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details
Princeton475 Wall St, Suite 214, Princeton, NJ 08540 Meeting Location: By Appointment Only (609) 917 9560 view details
Linwood210 New Road #15 Linwood, NJ 08221 Meeting Location: By Appointment Only (609) 375-0351 view details
Parsippany8 Campus Dr, Parsippany, NJ 07054 Meeting Location: By Appointment Only (973) 310-5320 view details
Philadelphia1845 Walnut Street 19th Floor Philadelphia, PA 19103(215) 523-6900view details
Norristown516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details
Doylestown123 N Broad Street, Doylestown, PA 18901(267) 938-4480view details
Abington1147 Easton Road, Abington PA 19001(610) 890-4833view details
West Chester203 W. Chestnut St., Suite 204
West Chester, PA. 19380
(610) 431-4012view details
schedule a consultation Today
Contact Us Fill out the form or call us today (866) 465-5395