Susquehanna, PA asked in Child Custody for Pennsylvania

Q: Does the closure of PA schools mean the school year has ended and we should start end of School year custody?

Optional school activities are being offered and mother has right to care for children on school holidays and snow days

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2 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Initially, I suggest going by whatever your children's particular school district is doing. If that school district is still offering distance-learning, then it certainly doesn't seem as if the school year has ended.

Custody orders are supposed to give parents concrete benchmarks so that everyone clearly knows a custody schedule. Until very recently, school years have been consistent yardsticks by which to measure things. Obviously, that has changed now -- and on top of that, courts are all but closed to true emergencies as well.

My advice is to try to work things out amicably with the other parent. Be human. Act in the best interests of your children, not yourselves. What's good for the kids? Do that. If you absolutely can't work things out (for whatever reasons), you can still file an emergency custody petition in light of the changed circumstances. But unless it's a true emergency, you'll likely incur a judge's wrath for filing something that amounts only to pig-headed parents who can't (or won't) get along.

Best of luck to you.

Kathryn Hilbush and Scott L. Levine agree with this answer

1 user found this answer helpful

Scott L. Levine
Scott L. Levine
Answered
  • Divorce Lawyer
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Every county is issuing updated directives. One that was just issued is copied below: “In Westmoreland County, there have been questions from counsel and litigants pertaining to Governor Wolf's directive closing all schools in PA for the remainder of the school year and whether that will affect custody orders. The answer is no. Summer custody orders take effect on the date that school would normally have ended for the school year. The school year schedule for custody remains in effect until that date for all Westmoreland County custody orders.”

1 user found this answer helpful

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