When Pennsylvania parents separate or divorce, custody of their children is determined by one legal standard: the best interests of the child. Income, gender, and who filed first are not the deciding factors. Courts in Greensburg and throughout Westmoreland County are required to work through a structured analysis before entering any custody order. Andrew F. Skala, Esq., helps parents in the area prepare for that process and present their cases clearly.
The Two Forms of Custody Pennsylvania Courts Award
Before addressing who gets custody, it helps to understand what types exist. Pennsylvania recognizes two separate forms:
- Legal custody is the authority to make major decisions about a child’s life, including choices about schooling, healthcare, and religious upbringing. Courts frequently award shared legal custody even when one parent has the child the majority of the time.
- Physical custody refers to where the child actually lives and who provides day-to-day care. The court can order primary physical custody (one parent has the child most of the time), shared physical custody (each parent has substantial parenting time), or supervised physical custody when the circumstances require it.
These two types can be mixed and matched. A parent can have shared legal custody while the child primarily lives with the other parent.
The 16 Factors Pennsylvania Judges Must Weigh
23 Pa. C.S. § 5328 sets out 16 factors courts are required to consider when awarding custody. Among the most commonly examined factors in Westmoreland County are:
- Which parent is more likely to encourage and support the child’s relationship with the other parent
- The child’s need for continuity in school, friendships, and community ties in the Greensburg area
- The proximity of each parent’s home to the child’s school and activities
- Each parent’s ability to meet the child’s physical, emotional, and developmental needs
- Any history of domestic violence or abuse
- The involvement of extended family members
- Sibling relationships and the desirability of keeping siblings together
No single factor determines the result. Judges look at all 16 together and make findings on each one.
Whether a Child’s Preference Matters
Pennsylvania does not set a specific age at which a child can decide where to live. Instead, courts consider a child’s preference as part of the overall best-interest analysis and give it more weight as the child gets older and shows greater maturity. A judge may speak with the child directly in chambers. In some cases, the court appoints a Guardian ad Litem to represent the child’s interests independently from either parent’s position.
How Custody Cases Move Through Westmoreland County Court
Custody matters in Greensburg are filed with the Westmoreland County Court of Common Pleas. After a complaint is filed, the case typically goes to a custody conference with a hearing officer. At that stage, many families reach an agreement that becomes a formal court order without a full hearing.
When parents cannot agree, the case proceeds to a custody trial before a judge. Both parties present testimony and evidence, and the judge issues a decision based on the statutory factors. The entire process can take several months, depending on the complexity of the dispute and the court’s schedule.
Changing a Custody Order After It Is Entered
A standing custody order is not permanent. Either parent can petition to modify the arrangement if there has been a significant change in circumstances since the last order, such as a parent relocating, a child’s school or medical needs shifting, or one parent consistently failing to follow the existing schedule. Courts apply the same best-interest standard when reviewing modification requests.
Speak With Our Greensburg Child Custody Attorneys
Custody arrangements affect your child’s daily life and your relationship with them for years to come. Our firm works with parents throughout Westmoreland County to pursue arrangements that reflect their family’s actual needs. Call 724-493-9044 or contact us online to get started.