Here are several critical things to know if you’re engaged in a child custody action in Pennsylvania.
Pennsylvania courts have several options when awarding custody. After jurisdiction to hear a case has been determined, the court or the parents must decide who has physical custody and legal custody.
Physical custody determines where a child will live the majority of the time. The parent who gets physical custody is said to be the custodial parent, and the other parent is the noncustodial parent. The noncustodial parent may still have the child live with them during some parts of the year, but this is known as parental visitation.
Legal custody involves which parent will make significant decisions in the child’s best interests. That will affect medical, schooling, and religious decisions, as well as many others.
Physical custody and legal custody are not mutually exclusive but are decided separately in a divorce. Often, both parents will have rights and responsibilities for each in what is known as joint custody. Children will split their time between parents, and the parents may each decide on legal custody issues based on an agreed-upon set of circumstances delineated in the custody order.
Sometimes, when a parent cannot fulfill their physical and legal custody obligations, the court will award sole custody. One parent, and one parent only, will be responsible for all parts of the child’s life. This may be where domestic violence, criminal activity, or substance abuse is part of the situation.
Courts are reluctant to grant sole custody because the presumption is that a child benefits from regular and ongoing contact with both parents. In some sole custody situations, it may be possible for the noncustodial parent to have some visitation rights still. But this type of shared physical custody may be monitored with supervised visits.
Supervised visitation means a third party must supervise the non-custodial parent’s visitation. That person can be a relative, friend, or social worker assigned by the courts.
Some parents may also agree on bird’s nest custody. In this arrangement, the child stays in the same home, but the parents rotate in and out according to an agreed-upon schedule. This provides more stability than moving a child to different residences all the time.
Split custody is sometimes awarded. Courts are reluctant to do this because there is a presumption that siblings should stay together. However, split custody may make sense in certain situations.
Pennsylvania child custody laws state that courts use several factors to determine fair and just custody determination. Those factors include:
Courts strongly prefer that parents come up with an agreement on their own which will then be reviewed and approved by the court.
Parents often use mediators, family law attorneys, or other third-party professionals to help them find common ground. When this does not happen, the court will decide all conflicts. Even when parents agree, it’s often a good idea to have a third party review the situation to make sure parents know their legal rights and responsibilities.
Under Pennsylvania law, the custody agreement will always be approved by the court. The advantage of turning a custody agreement into a court order is that the court can force the parties to follow it. If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time.
Although several factors are used to determine custody in Pennsylvania, agreements are created by the overriding principle of the child’s best interests. That means any agreement or parts of an agreement must be put in place to benefit the child instead of an agreement that benefits the parents.
This is why courts are concerned about harmful elements of a custody arrangement, including domestic violence and substance abuse. Courts automatically assume when these are present, the child’s best interests are not well represented.
There are no specific laws that state a child’s age. Children never get to decide which parent they want to live with fully. Instead, if the child is old and mature enough, the court will consider the child’s preference and consider that when deciding custody. However, the court has the final say. The child does not.
Parenting plans are detailed instructions that govern each child’s physical and legal custody. Pennsylvania child custody cases require a plan as part of a custody action and prefer detailed plans, so there is less chance for disagreements and confusion later.
Because this is a legal and binding document, it’s probably a good idea to retain an experienced attorney familiar with Pennsylvania child custody laws to help draft a plan. However, parents can also prepare their own plan, but it must follow state guidelines and be reviewed and approved by the court.
Parenting plans typically contain the following:
Pennsylvania custody awards are permanent until they are modified or when a child reaches age 18. However, circumstances often change and so it is rare for one custody order to remain in effect for the child’s entire time.
Significant changes in a parent’s or child’s life may require a modification of the current custody order. Changes may include a health issue, job change, domestic violence or substance abuse, a child’s educational needs change, or if a parent wants to move to a different part of the state or out of Pennsylvania.
Either parent can file a motion with the court to request a modification, but the court is bound by the factors in the original order and must still decide if there is enough of a change that affects a child’s best interests.
Custody order modifications can include changes to custody status, a visitation agreement, and child support payments.
Can grandparents get custody in Pennsylvania?
In some cases, grandparents can be awarded custody. This may include supervised physical custody or partial physical custody. Courts will award custody to grandparents:
Non-parents, such as aunts, uncles, or friends, can also sue a parent for custody in some situations.
A parent who disobeys a custody order may be held in contempt of court or charged with a crime. This could lead to fines, jail time, or other possible penalties, including a custody order modification. When a child is in immediate danger, police may also step in for the child’s safety.
Sometimes. Calculating the disparity in parties’ incomes determines alimony and child support obligations. If a child spends 40% or more overnights per year with a noncustodial parent, a rebuttable presumption exists that the noncustodial parent is entitled to a reduction in their child support obligation. Support issues are based more on the financial aspects of a relationship and less on physical custody and visitation issues.
Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. He is a Chartered Financial Analyst, Certified Financial Planner practitioner, and Certified Divorce Financial Analyst. You can email him at jason@survivedivorce.com.
