What determines custody in PA?
Long-standing law in Pennsylvania is that the most important consideration when determining custody is the best interest of the child. To determine the child’s best interests, the court must look at all factors that legitimately impact the child physically, intellectually, morally and spiritually.
What are the different types of custody in Pennsylvania?
Continue reading to learn more. There are two kinds of custody in Pennsylvania: physical and legal. Physical custody refers to where the child will live, which parent will provide what kind of care for the child, and how much time each parent will spend with the child.
How old do you have to be to get custody in PA?
In fact, Pennsylvania law defines a “child” as an unemancipated individual under 18 years of age. (23 Pa. Cons. Stat. Ann. § 5322 (a).) So, until the child reaches 18, the court has jurisdiction—meaning, control—over when, where, and how frequently the child and parents will see each other.
Can a child have sole custody in Pennsylvania?
If custody is sole, only one parent will make the decisions and will spend most, or sometimes all, of the time with the child. To make an initial custody determination, Pennsylvania judges have to consider an extensive list of factors.
Can a parent have both physical and legal custody?
Parents may have shared physical and legal custody. Generally, even if one party has primary physical custody the parties will share legal custody, or the right to make decisions for the child. Sole custody is the award of both physical and legal custody of the child to one parent.
How does child custody work in Pennsylvania courts?
Pennsylvania courts often grant shared legal custody to parents unless the circumstances prevent the parents from being able to cooperate with each other regarding these important decisions. Physical custody, on the other hand, is often subject to legal scrutiny and litigation.
What does partial physical custody mean in PA?
Partial physical custody is the right of one parent to have possession of the child that may include overnights, but the other parent is exercising primary physical custody. Visitation refers to designated times and conditions under which the noncustodial parent sees the child apart from the custodial parent.
In fact, Pennsylvania law defines a “child” as an unemancipated individual under 18 years of age. (23 Pa. Cons. Stat. Ann. § 5322 (a).) So, until the child reaches 18, the court has jurisdiction—meaning, control—over when, where, and how frequently the child and parents will see each other.
Parents may have shared physical and legal custody. Generally, even if one party has primary physical custody the parties will share legal custody, or the right to make decisions for the child. Sole custody is the award of both physical and legal custody of the child to one parent.