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If you’re going through a divorce or separation in Pennsylvania and have children, one of your top concerns is likely child custody. Custody determines who makes decisions about the children and where they live. Pennsylvania custody law is designed to prioritize the best interests of the child, but understanding this process can be challenging for many parents. 

The fear of losing your child can be overwhelming. If you are struggling to navigate Pennsylvania’s child custody processes on your own, we can help. One of our skilled attorneys can walk you through what to expect, so you feel fully prepared for your custody hearings.

What Are the Basic Types of Custody in Pennsylvania? 

Until the day you’re served with custody papers, you probably never worried about how child custody is decided, your right to relocate with the child, or whether you could choose your child’s school. For many parents, a custody battle is just that: a fight for the person you love most. Who wins this battle will be determined by a PA judge and whether you have a stronger argument.

While you’ll hear intimidating terms like partial or legal custody thrown around in the courtroom, the actual concepts they describe are fairly simple. Physical custody refers to who the child lives with. Legal custody involves who has the right to determine schooling, medical choices, religion, and similar factors. 

Using child custody laws in PA, the custody judge will determine if each parent gets sole, shared, or partial custody. Sole custody is when a parent receives the majority of the custody time, while shared custody is when the time is divided more evenly. Partial custody is when one parent gets significantly less time. For legal custody, the judge can decide on sole or shared custody.

The Process Involved in Determining Child Custody in PA

If you and your co-parent agree on custody, you can file a custody agreement with the court, and a judge will approve it as long as it is in the child’s best interests. However, there are times when parents can’t agree on how much custody they each will receive. In these cases, the court will decide after a hearing or trial.

1. First, one of the parents must file a complaint. This must be done in the county where the child has lived for at least six months or more.
2. To help parents prepare for the court proceedings, the court may decide that each parent must undergo a co-parenting education class first. 
3. Before any hearing or trial, an informal custody conference will be held with a custody officer. This is an attempt to resolve the dispute before the case appears in court.
4. If the conference was unsuccessful, there will be a hearing or trial. This is the judge’s chance to hear the case’s testimony and evidence.
5. Using the evidence and testimony, the judge will make a decision and issue a custody order. Then, this custody order becomes legally binding for everyone involved.

Major Factors the Judge Will Use To Determine Your Custody Case

Under 23 Pa. C.S. § 5328, there are a few factors the judge must look at as they decide on the outcome of your case.

• Which parent is more likely to provide a stable, nurturing environment
• The child’s preference, depending on their age and maturity
• Which parent encourages the child’s relationship with the other parent
• Each parent’s health
• Any history of abuse, neglect, or domestic violence
• Your or your co-parent’s ability to manage the child’s physical, emotional, and educational needs
• Existing conflicts between the parents and their willingness to cooperate
• The child’s relationship with siblings and extended family
• Proximity of the parents’ homes 
• The ability to maintain the child’s school and community stability
• Any attempts by either parent to alienate the child from the other

Some factors — like a history of substance abuse, criminal behavior, and domestic violence — are weighted more than other factors when deciding the case. Ultimately, the judge will determine an outcome that protects and supports the child’s well-being as much as possible.

How To Prepare for Your Child Custody Case

As you get ready for your child custody case in Pennsylvania, there are a few important things you can do to support your attorney’s efforts. Make sure to record things like your child’s medical appointments, parenting time, and activities as well as the communication between parents. These records show your focus and ongoing support of your child, which matters because the court wants to place the child where their well-being is assured.

To protect your case, avoid saying things online that can hurt you in court. For instance, don’t badmouth your former spouse on TikTok or Facebook.

More importantly, just breathe. These cases are stressful, but just remember: Nothing has to be forever. While it’s easier to start out with your ideal custody setup, you can ask for a modification if the situation changes substantially. You might not like the current visitation schedule or legal custody arrangement, but it can be changed.

As a part of your court preparations, you also need to follow all of the temporary custody arrangements. To achieve your desired custody arrangements, you have to follow temporary orders while the case is underway. By working with an experienced Newfoundland custody attorney, you can learn what to expect from your local court system and how to prepare.

Learn More About Child Custody Cases in PA

If you’re located in Monroe, Wayne, Pike, Lackawanna, Luzerne, or Wayne County, our team can help with your legal case. Child custody cases are fraught with high emotions and stress, which is why you need an experienced legal team on your side. At the Clause Law Group, we have years of experience in helping families with all aspects of family law. 
Find out more information about how child custody is decided in Pennsylvania by reaching out to our skilled attorneys today.