The Parents Guide to Child Custody in Pennsylvania

What do you need to know about child custody laws in Pennsylvania? Whether you're at the beginning of a separation, you don't have a custody agreement, or you want to make changes to an existing arrangement, take a look at what parents should know about legal custody, physical custody, custody orders, and more.

Are Legal and Physical Custody the Same?

No, legal and physical custody are not the same. Legal custody is your (or the other parent's) authority to make decisions on behalf of your child. A parent with legal custody has the right to make medical, educational, extracurricular (such as sports team participation) and religious decisions that impact the child.

Physical custody is, as the name implies, the parent who the child physically lives with. It's possible to have sole, primary, shared, partial, or supervised physical custody of a child in Pennsylvania. In a sole custody arrangement, the child will only live with one parent.

Unlike sole custody, in a primary/partial custody arrangement, the child will or can live with both parents. But the child will live with the primary parent most of the time. If the child splits their time 50/50 between both parents, the parents have a shared custody arrangement.

What is Supervised Child Custody?

This type of physical custody arrangement requires the use of a third-party supervisor during parental visits. This means the child can't live with the parent all or part of the time and cannot spend time alone with them.

Does One Parent Automatically Get Custody?

There's a common misconception that the mother always gets primary physical custody. This is not a Pennsylvania law. A judge will not automatically give the mother custody of a child. But the state will consider all the statutorily required factors, which look at who is and has been the primary caregiver of the child and what is in the best interest of the child.

This means if the father is a stay-at-home-dad who takes on the primary parenting responsibilities, the judge may feel that he is better suited to having primary (not necessarily sole) custody or a higher percentage of shared physical custody.

Is A Custody Order Final?

The answer to this question is yes—and no. Yes, both parents must follow the final custody order. But this doesn't mean one or both parents can't petition the court to make changes in the future. If you aren't satisfied with the custody order or your situation changes over time, you can request a change.

Do You Need To Hire A Lawyer?

While there is no requirement to hire a lawyer for a child custody case, it is advisable—especially if you want to change an existing order, want sole or primary custody, feel that the custody laws in Pennsylvania or the legal system is confusing, or you want to provide that your ex doesn't provide a safe environment for your child or doesn't have your child's best interests at heart.

An experienced child custody lawyer understands the state's legal system and can guide you through this process. Your lawyer can also act as your advocate and help you to create a custody agreement that you feel meets your family's needs. Without legal representation, you could end up with a custody order that you don't agree with or you could end up back in court to modify an order.

Do you need legal representation for a child custody dispute in Pennsylvania? Contact the office of Bowers, Fawcett, and Hurst, LLC for more information on your options.