When determining custody of a child in Pennsylvania, the courts will consider what is in the best interests of the child. There are several specific factors the court will examine when making this decision. Our firm’s child custody lawyer in Pennsylvania can guide you through your custody case. We can advocate for you and help you protect your parental rights.
What Does the Court Consider When Determining Custody?
According to Pennsylvania law, the court will consider the following factors when determining what is in the best interests of the child when awarding custody:
- Which party is more likely to ensure the child’s safety
- Present or past abuse committed by either party or a member of the party’s household
- Which party can best protect the child from future instances of violence, abuse, or sexual violence
- The level of conflict between the two parties and their willingness to cooperate
- Which party is more likely to encourage and permit contact between the child and the other party
- The willingness of each party to prioritize the needs of the child, including physical, emotional, developmental, and educational needs
- The child’s need for stability and continuity in their education, community, and family life
- The child’s relationship with their siblings and extended family members
- The child’s preferences
- Each party’s employment schedule and ability to care for the child
- Any history of alcohol or drug abuse by either party or members of the party’s household
- The current mental and physical health of either party or members of a party’s household
- The proximity of the parties’ residences
What Types of Custody Arrangements Are Possible?
There are two types of child custody: legal custody and physical custody. Legal custody is the ability to make decisions on behalf of the child, including decisions about their health care and education. The courts can grant one party sole legal custody, or legal custody can be shared.
Physical custody determines which party the child will live with. There are several types of physical custody arrangements, including:
- Sole physical custody – The child lives with only one parent all of the time. This type of custody is rare in PA.
- Primary physical custody – The child lives with one parent most of the time, and the other parent gets partial custody or visitation rights.
- Shared physical custody – The child lives with each parent for an equal amount of time.
- Partial physical custody – The child spends less than half of their time residing with one parent.
- Supervised physical custody – The non-custodial parent has visitation rights with the child, but only in the presence of a third party.
How to File for Custody in PA
If you do not have a current custody agreement in place, you will need to start by filing a Custody Complaint with the family court in the county where you live. Filing will initiate your custody case, which may be resolved through a custody conference, mediation, or trial. During these proceedings, each party will have the opportunity to present evidence demonstrating why they believe the proposed custody arrangement is or is not in the best interest of the child.
Custody agreements are binding. However, you can seek to modify existing custody arrangements if:
- You believe the current arrangement is no longer in the best interest of the child
- You believe the child is at imminent risk of physical or emotional harm
- The other parent is not following the current custody order
Contact Andrew F. Skala, Esquire About Your Custody Case
Andrew F. Skala has over two decades of experience practicing family law in PA. He can work directly with you on your custody case, providing you with personalized support and attention every step of the way.
If you are going through a divorce or separation, we know that the well-being of your child is a primary concern. Let us help you protect what matters most. Contact us online or call today for a free initial consultation.