Child Custody Laws in Pennsylvania
Today, only 64% of children grow up in a home with married parents. Experiencing a divorce can be traumatic for parents and children, which is why it’s so important to partner with a top custody lawyer in PA.
When parents separate or divorce, determining custody of their children is an emotionally charged issue. Pennsylvania child custody laws are designed to protect the best interests of the child while ensuring that both parents have a fair opportunity to maintain a relationship with their children. Here’s what families need to know about how custody works in Newfoundland, Honesdale, Lake Ariel, and the surrounding cities.
What Type of Custody Is Available in PA?
Whether you want full custody or 50/50 custody in PA, there are a few different types of custody to be aware of. A judge must decide who has all, part, or zero legal and physical custody of the child.
In PA family law, legal custody refers to your ability to make decisions for the child. For example, the parent who has sole legal custody can decide on education, religion, and medical care matters. Legal custody can entail sole custody or shared.
Meanwhile, physical custody is the actual time a child spends with each parent. Physical custody can be primary, shared, or partial. Shared custody is when both parents have a significant amount of time in custody, while partial is when one parent has much less custodial time.
Physical custody can also be supervised. Typically, this happens when there are important safety concerns involved.
How Do Courts Decide on Custody Matters in PA?
So, how do courts decide on custody? Your custody lawyer in PA can walk you through the process and answer your questions. As a general rule, Pennsylvania child custody determinations are made by carefully considering the following determinants.
- Which option provides the child with stability and continuity in their life
- Existing conflicts between the parents and whether they can work together
- The child’s preference if they are old enough to voice their opinion
- Any mental or physical conditions with the parent that could impede custody
- A history of substance abuse or physical abuse
- Whether extended family is available
- The role parents have played in caregiving in the past and present
Important Laws About Child Custody in Pennsylvania
The following laws about child custody in Pennsylvania help to describe decision-making processes with the courts and how much power the courts have in the process. The first priority of all of these laws is the child’s welfare. Through the following legal measures about Pennsylvania child custody, the child’s well-being is protected and all parties get fair access to the courts.
- Title 23 Pa. C.S. § 5322: This law sets up the authority to make decisions about education, religion, and healthcare for the child for the parent with legal custody. It also defines physical custody and other key terms.
- Title 23 Pa. C.S. § 5323: Under this provision, the types of custody granted by the court are defined, such as primary, partial, sole, shared, and supervised custody. Courts, as required by § 5323, must act in the best interests of the child and provide on-record reasoning about their thought process.
- Title 23 Pa. C.S. § 5328: § 5328 clarifies how courts should weigh different factors when determining the child’s best interest, like the parent-child bond and parental involvement. Depending on the child’s age, the child’s preferences will also be considered.
- Title 23 § 5324 & § 5325: These laws give parents and qualified grandparents the right to seek custody and address jurisdiction for custody.
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA, 23 Pa.C.S. Chapter 54): Under this act, home-state jurisdiction is required for the initial custody case. There are also provisions for interstate cases, forum non-conveniens transfers, and emergency jurisdiction.
- Pa.R.C.P. Rule 1915: This law outlines different procedural steps in custody cases in PA.
- Title 23 § 5331: § 5331 addresses parenting plans in PA for holidays, transportation, decision making, and other activities.
- Title 23 § 5329 – 5330: These statutes address different domestic violence, abuse, and safety procedures if allegations are made.
Can You Modify Child Custody Arrangements Later On?
If you want to modify your custody or parenting plan in PA in the future, it is possible. You can file for a modification if there is a substantial or material change in the existing circumstances that would impact the child’s welfare. For example, one parent relocating to a new state, changing educational needs, evidence of abuse, or a change to a parent’s work schedule are examples of when this type of modification would be approved. If a parent isn’t following the current custody orders, the child custody arrangements could be changed.
Additionally, the child’s age may eventually necessitate a change to the custody agreement. Once the child is older and more mature, they can express their preference for which parent to live with.
If needed, you can also modify custody orders temporarily. For example, the parent with full custody may need to switch custody arrangements if they are going through chemotherapy. However, these arrangements must be legally filed and approved by the court for them to be enforceable.
Get Professional Legal Help With Your Child Custody Case in PA
Whether you need to relocate or want to adjust your parenting plan in PA, you need the right legal support and assistance. At the Clause Law Group, we have helped families with all types of Pennsylvania child custody cases. We’re locally based in Newfoundland, so we understand what each county court is looking for in a successful custody case.
Learn more about our top custody lawyers in PA by visiting our website today.
