Child Custody in Pennsylvania
Similar to other courts throughout the nation, Pennsylvania courts determine matters of child custody relations by figuring out the best interests of the children. Because having two parents in their lives is good for children and their development, courts in PA are motivated to maximize the time each parent gets with the child(ren). If you are going through a divorce and are concerned about what the custody agreement might look like, the attorneys at Sutton & Lovette Law Offices are here to help you navigate the journey.
Physical Custody vs Legal Custody
In Pennsylvania, child custody cases are determined in terms of physical custody and legal custody. Physical custody outlines the visitation schedule for both parents and legal custody outlines the decision-making authority that each parent holds. Both of these types of custody can be shared (joint) or assigned to a single person (sole). Where legal custody focuses on upbringing and decision-making, physical custody focuses on residencies and time spent in someone’s care.
Who Can File for Physical Custody of a Child?
The child custody process is very complicated and requires a lot of time and energy from those involved. That being said, there is a strict list of people who are able to file for custody this way. Those people include:
Natural parent of the child, as long as their rights have not been lost in a previous legal situation.
Someone who has legally adopted the child.
A grandparent of the child, in certain situations.
Anyone who is in loco parentis (legal term that refers to a non-parent who has cared for the child for a substantial period of time).
To determine whether someone qualifies as loco parentis, courts consider whether the person has assumed the parents’ duties and whether the parents discharged their parental tasks to this person or not.
If neither parent has any form of care or control of the child, anyone that can show that they have or are willing to assume responsibility for the child and that has a vested interest in the welfare of the child.
When Can a Grandparent File for Custody?
As stated above, there are certain situations where grandparents can file for custody of a child. These situations take effect when their relationship with the child began with either the consent of a parent or under court order, the grandparent has or is willing to assume the responsibility for the child, and they meet one of the following conditions:
The child has been determined dependent in Court.
The child is at risk for parental abuse, neglect, substance abuse, or incapacity.
OR
The child has resided with the grandparent for at least 12 consecutive months.
What is a Primary Custodial Parent?
When discussing physical custody, it is important to address the primary parent. In a custody case, it is possible that one of the parents may become the custodial parent. This means that they will have the child(ren) most of the time and are more likely to receive child support from the other parent. However, any parent is only denied visitation with their children at all when there are serious reasons for this decision to be made. This is always decided by a judge in court. Specifically, Pennsylvania courts can limit a child’s risk by requiring supervised visitation where it makes sense.
How is the Primary Custodial Parent Determined in Pennsylvania?
The primary custodial parent is determined based on the best interest of the child(ren). These are called best-interest factors that are taken into careful consideration. They consist of the following:
How involved each parent has been in raising the children to date.
The extent to which making sure the status quo of the children’s life is maintained (home life, school, and community).
Each parent’s commitment to supporting the other’s relationship with the children.
The children’s preferences (who are considered by the court mature enough to participate in the decision).
The needs of the children, including special needs and each parent’s vested interest in addressing these needs.
The physical and mental health of both parents and others in their households.
The distance that the parents live or plan to live from one another.
The conflict between the parents and their vested interest in having an effective co-parenting relationship.
If domestic violence, child abuse, or neglect is of current concern with either parent.
A history of substance abuse with either of the parents or people in their household.
Where Does Legal Custody Come In?
In Pennsylvania, legal custody refers to making primary parenting decisions in a child’s life. This refers to things like…
Education/School District
Healthcare and Primary Care Providers
Extracurricular Activities and Other Commitments
Religion/Religious Education
Unless it is specifically stated, the parents make these decisions as a collective, but in some cases there will be a primary custodial parent like we discussed before. In that case, this parent has the power to make the final decision in the circumstances listed above.
If You Are Looking to Fight for Custody, Attorneys in Ebensburg, Pennsylvania, Can Help
Sutton & Lovette Law Offices have been serving families in the Ebensburg area for the last two years. We are here to serve you no matter what your case looks like. We proudly serve our clients in Cambria County, Pennsylvania. We’re on your side and we understand how hard this time can be. Contact us today at (814) 471-7702 or suttonandlovette@gmail.com.