A contentious divorce can become even more complicated when child custody is an issue. Fighting the child’s other parent for the custody arrangement you desire can be challenging and emotionally draining. Understanding the Pennsylvania child custody process can help you make decisions about potential custody arrangements and alleviate some of the stress you may feel.
What Types of Custody Arrangements Are Available?
In Pennsylvania, custody is categorized as physical or legal. Physical custody describes with whom the child lives, and legal custody refers to the specific decision-making authority each parent has over the child.
Physical and legal custody can take different forms as follows:
- Physical custody – Physical custody arrangements can be primary, shared, or sole. In primary physical custody, the child lives with one parent, and the other parent has a partial custody schedule where the child is with them. In a shared physical custody arrangement, the child spends significant time with each parent. In other words, the parenting time is more equally split. Sole physical custody refers to the circumstances in which the child lives with one parent, and the other parent has limited or no visitation rights.
- Legal custody – Legal custody refers to the parents’ decision-making authority regarding the child’s education, healthcare, and religious upbringing. Like physical custody, legal custody may be shared or solely in the hands of one parent. If a parent has sole legal custody, they are fully responsible for decisions related to the child’s upbringing. If the parents share legal custody, they must communicate and cooperate on these issues.
How Does the Court Decide Custody?
The court will order a custody arrangement if you and the child’s other parent cannot agree on custody arrangements. Like many other states, Pennsylvania courts examine specific factors to determine what custody arrangement is in the best interest of the child.
- The child’s well-reasoned preference, depending on their developmental stage, maturity, and judgment
- The availability of extended family and sibling relationships
- The willingness to work with the other parent and encourage a healthy relationship between the child and the other parent
- The parents’ respective abilities to provide for the child’s daily physical, emotional, educational, and developmental needs
- Any history of abuse or violent or assaultive behavior by either parent
The parties will be able to present evidence related to these factors at a hearing. Depending on the circumstances of the case, your attorney may present various documentation, such as the child’s medical records or police reports concerning domestic abuse, or use witness testimony to support your argument for your requested custody arrangement. The court will review the evidence presented by both parties and consider the statutory factors as it assesses the child’s best interests.
Contact BKW Family Law Today
At BKW Family Law, we understand how difficult a child custody battle can be. We are here to listen to your concerns, answer your questions, and develop a strong case for obtaining the child custody arrangement you believe is in your child’s best interest. With a seasoned attorney like Lisa M. Shapson or one of our other dedicated family law practitioners on your side, you can be confident you have the legal advocate you need as we fight for the outcome you desire. Contact us today if you need assistance with a custody matter in Philadelphia, Montgomery, Chester, Delaware, or Bucks County.