How is Custody Decided in Pennsylvania? A Guide for Parents

Child custody is one of the most important and emotional issues parents face during a separation or divorce. In Pennsylvania, custody is not automatically awarded to one parent or the other. Instead, courts apply specific legal standards to decide what is in the “best interest of the child.”

This post provides a general overview of how custody is decided in Pennsylvania and what parents in Indiana County and surrounding areas should know.

Types of Custody in Pennsylvania

There are two main types of custody under Pennsylvania law:

• Legal Custody: The right to make major decisions about the child’s welfare, including education, medical care, and religion. This can be shared or sole.

• Physical Custody: The actual time a parent spends with the child. This can range from shared custody (50/50 or a variation) to primary or partial custody, depending on the situation.

  
  

The Best Interest of the Child Standard

Judges are required to consider 16 statutory factors when determining a custody arrangement. These include:

• The child’s relationship with each parent

• Each parent’s willingness to foster a relationship with the other parent

• The need for stability and continuity

• History of abuse or substance issues

• The child’s preference, depending on age and maturity

No single factor controls the outcome. Courts look at the entire picture to decide what is best for the child’s safety, health, and development.

When Parents Cannot Agree

If parents cannot reach an agreement, a judge will hold a hearing and issue a custody order. Each parent can present evidence and testimony. Sometimes, a custody evaluation or Guardian ad Litem may be appointed to help assess the child’s needs.

Modifying Custody Orders

Custody orders are not necessarily permanent. If circumstances change, either parent can petition the court for a modification. However, the requesting parent must show that the change is in the child’s best interest.

Do You Need a Lawyer?

Although you are not required to have legal representation, custody cases involve complex and personal issues. An experienced family law attorney can help you navigate the court process, protect your rights, and advocate for the best interests of your child.

Disclaimer: This blog post is for informational purposes only. It does not constitute legal advice and does not create an attorney/client relationship. For legal advice tailored to your situation, contact an attorney directly.

Ludwig, Everett & Tomb, PLLC serves clients throughout Indiana County and Western Pennsylvania in custody, divorce, and family law matters.