PENNSYLVANIA CUSTODY: Who gets custody of our kids?

Custody actions for minor children in Pennsylvania come under the stringent guidelines of the state’s Divorce Code, which have been refined and shaped by multiple opinions of the State Supreme Court that “removes that area of law from the realm of caprice.”

This means Pennsylvania Divorce Code contains a catalog of criteria developed to help hearing officers and judges determine what is best for the child physically, intellectually, morally and spiritually.

Parents who are divorcing or divorced can work out their own custody arrangement as far as a daily or weekly schedule. Unless one parent files a Custody Complaint that directs otherwise, the Court will assume the parents will work out a custody schedule in the best interest of their children.

Joint physical custody means a 50/50 split of custody time with each parent. Shared custody is shared by both parents in a way that assures the child or children have continuous contact with their parents. It does not necessarily mean both parents have equal time, but regular, meaningful, continuous custody contact.

Generally, even if one party has primary physical custody, both parents will continue to share equally in legal custody, which is the right of each parent to make major decisions affecting the best interests of a minor child, including but not limited to medical, religious and educational decisions.

It is rare that a Judge will award sole physical and legal custody to one parent over another, as the law assumes two parents active in a child’s life are preferable. However, sole legal custody is warranted in a situation where one parent is using drugs or alcohol or the Court does not feel he or she is able to make decisions that are in the best interest of the child(ren). That means that the person who has sole legal custody can make all medical, religious and educational decisions for the child(ren).
That said, if the parents cannot agree, a Custody Officer or Judge must consider the following criteria when determining a custody case. They are:

1. Which parent is more likely to encourage and permit frequent and continuing contact with the other parent.
2. Any present or past abuse was committed by either parent or someone in the parent’s household.
3. Parental duties currently performed by each party for the child. (Who has been most involved in day to day care including shelter, food, clothing and education of the child?)
4. The need for stability and continuity in the child’s education, family and community life.
5. The proximity and availability of extended family.
6. The child’s relationships with siblings, whether full or half-siblings.
7. The preference of the child, taking into account the child’s maturity and judgment.
8. Attempts by one parent to turn the child against the other parent.
9. Which party will more likely maintain a loving, stable, consistent and nurturing relationship needed for the child’s emotional health.
10. Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
11. The proximity of residences of the parents.
12. Each parent’s availability to care for the child or ability to make appropriate child-care arrangements.
13. The level of conflict between the parents and their willingness to cooperate with one another.
14. The history of drug or alcohol abuse of either parent or a member of either parent’s household.
15. The mental and physical condition of a parent or parent’s household.
16. Any other relevant factor the Court deems important.

I will cover in more detail the Custody Complaint process in a future blog. But one can see that Pennsylvania Courts are held to a fairly strict standard when considering custody cases. Call my office if you wish to discuss your custody matter further.

Law Office of Elissa C. Goldberg
107 North Broad Street, Suite 211
Doylestown, PA 18901
Phone: 215-345-5259