Custody

There are two types of custody in Pennsylvania:

The first is legal custody, which is defined as the right to make decisions on behalf of a minor child as long as they remain a minor.  Almost always in PA, legal custody is shared by both parents meaning that neither parent can make unilateral decisions on behalf of the child without consulting the other parent. These decisions generally fall into four major categories: religion, education, medical and extra-curricular activities. This is not the entire list and many be extended to other areas if the court determines it is in the best interest of the child. The Court will only award sole legal custody to one parent in extreme situations when it can be shown that the one parent is incapable of making decisions on behalf of the child that will not lead to harm to the child.

The second form of custody is physical custody, which is defined in a living arrangement schedule for the child with both parents. In most cases, physical custody will be shared by the parents in some manner even if this means that one parent has the child the majority of the time or the parents share the living schedule equally. The Court must act in what it believes to be the child’s best interests and it is in the child’s best interests to have a relationship with both parents. If the parents are able to communicate and work together for the child’s best interests, there is a stronger likelihood of an equally shared schedule. There are various ways for parties to share and split custody. Speaking with an experienced family law attorney will help you navigate the options and get the right results for you and your family.

The custody process varies a bit from county to county, but the first step is always the same. Filing a custody complaint or responding to a complaint filed by the other parent. After the complaint is filed, the parents normally attend a conciliation conference. A conciliation conference is a discussion between the parties to see if they can work out a mutually agreeable arrangement. This conference is in front of a hearing officer as opposed to a judge.  If the parties are able to agree at the conciliation conference, then the process does not proceed further. An Order will be presented to a judge for signature and there need not be additional court appearances.

If the parties are not able to agree, the hearing officer will develop an Interim Order that will dictate the custody issues while the matter is still pending. After the conference and various other pre-trial procedures, your case goes before a family court judge. There is no jury and you may agree to an arrangement prior to the trial. If the decision is left to the judge, the focus will be on the best interests of the child. This determination is based on evidence presented to the court.

The analysis by the judge is gender neutral, there is no presumption that the mother is the more suitable parent. Don’t assume that simply because you are the father you will be denied custody or that simply because you are the mother, you will receive custody. The key here is having a lawyer who will protect your rights to access your children, as well as make certain that your children have the result which is best for them.

Other common issues are addressed in FAQ.