Child Custody

We believe child custody cases are the most important work we do, and we take incredible care in helping our clients find the best possible way to resolve their custody matters. In all family law work, it is essential to find the right stance between aggressive representation and working and negotiating collaboratively; however, this is particularly true in child custody matters, where the best interests and welfare of a child hangs in the balance.

Pennsylvania Courts are required to consider certain factors in determining custody matters. Those factors are:

(1) Which party is more likely to ensure the safety of the child.

(2) The present and past abuse committed by a party or member of the party’s household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.

(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).

(2.2) Violent or assaultive behavior committed by a party.

(2.3) The level of cooperation and conflict between the parties, including:

(i) which party is more likely to encourage and permit frequent and continuing contact between the child and the other party or parties if contact is consistent with the safety needs of the child; and

(ii) the attempts by a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party’s good faith and reasonable effort to protect the safety of a child or self shall not be considered evidence of unwillingness or inability to cooperate with the other party. A party’s reasonable concerns for the safety of the child and the party’s reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child’s deficient or negative relationship with a party shall not be presumed to be caused by the other party.

(3) A willingness and ability of a party to prioritize the needs of the child by providing appropriate care, stability and continuity for the child, considering the parental duties performed by the party on behalf of the child in the past and whether the party is willing and able to perform the duties in the future, and attend to the daily physical, emotional, developmental, educational and special needs of the child.

(4) The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party.

(5) (Deleted by amendment).

(6) The child’s sibling and other familial relationships.

(7) The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.

(8) (Deleted by amendment).

(9) (Deleted by amendment).

(10) (Deleted by amendment).

(11) The proximity of the residences of the parties.

(12) Each party’s employment schedule and availability to care for the child or ability to make appropriate child-care arrangements.

(13) (Deleted by amendment).

(14) The history of drug or alcohol abuse of a party or member of a party’s household.

(15) The mental and physical condition of a party or member of a party’s household.

(16) Any other relevant factor.

Some families can reach an agreement regarding custody. In those cases, we can help you draft a written agreement that can be entered as an enforceable Court Order to help ensure that your agreement will be followed. If you can reach agreement, you may not have to appear in court.

For those families who cannot reach agreement, the prospect of a custody trial can be overwhelming. If you have a child custody dispute, we can help you know what to expect and will work with you to ensure that the Court has all the information needed to reach a fair decision. We are experienced in handling difficult and high conflict custody matters, such as those involving difficult situations such as drug or alcohol abuse, mental illness, high conflict between parents, and/or parent alienation. In some cases, a custody evaluation by a mental health professional may be appropriate to offer the court the benefit of psychological expertise regarding the issues in the case. We can help you identify whether such an evaluation is needed and, if so, guide you through the custody evaluation process.

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Child Custody FAQ

Please click on any question to view the answer.

If you have additional concerns, please call 484-322-5616 or use the contact form anytime.

What is the difference between legal custody and physical custody?

Parents with shared legal custody both have the right to make major decisions affecting the child, including medical, religious and educational decisions. Parents with shared legal custody cannot unilaterally make any of these decisions about a child without the other parent’s consent. If parents cannot agree on a medical, religious, or educational decision, either parent can file a petition with the Court to have a judge make the decision, based on the best interests of the child. In very rare circumstances, one party may have sole legal custody, in which that party has the exclusive right to make major decisions concerning the child.

Physical custody refers to the actual day-to-day custody schedule.

Types of physical custody in Pennsylvania include:

Shared Physical Custody: Both parents have the right to significant periods of physical custody with the child. This could mean equally shared (50/50) but also includes other schedules that are close to 50/50.
Primary Physical Custody: One parent has physical custody of the child the majority of the time.
Partial Physical Custody: A parent has physical custody of a child for less than the majority of the time. A typical example of partial physical custody is having the child every other weekend and a weeknight dinner visit or overnight.
Supervised Physical Custody: A third party, such as a parent, agency, or court-appointed adult, oversees a parent’s time with their child. A court may order this if there are concerns about the child being alone with that parent.
Sole Physical Custody: One parent has all physical custody, to the exclusion of the other parent. This is very rare and usually only occurs in unusual circumstances, such as when one party is incarcerated.

Is there a presumption of a 50/50 custody schedule in Pennsylvania?

There is no legal presumption of equally shared custody in Pennsylvania. That said, courts generally start with a premise that it is beneficial to a child to have both parents involved in the child’s life, unless it is clearly demonstrated otherwise. Generally speaking, a court will not cut one parent out of the child’s life, unless there is significant evidence that it is not in the child’s best interest to be involved with the other parent.

Can I move (“relocate”) with my child?

You typically cannot move with a child without either getting consent from the other parent or obtaining court permission, if that move will significantly impair the other party’s right to custody. There is a detailed process that must be followed to request permission before you move with a child. The other parent has the opportunity to object. If they object, the court will hold a hearing to decide whether the move is in the child’s best interests.

Factors the court considers:

The reason for the proposed move
The potential benefits to the child
The impact on the child’s relationship with the non-moving parent
Whether a realistic visitation schedule can be maintained
The child’s preferences (depending on age)
The integrity of the moving parent’s motives

Relocation is a complex area of law where the specific facts of your case matter greatly, and where following proper filing guidelines and notice requirements is critical. It is highly recommended that you consult with an attorney as soon as you know you may need to request to relocate with your child, or if the other parent is threatening to relocate, or has already relocated.

How do you modify a custody order in Pennsylvania?

A party can file to modify a custody order or agreement at any point, if doing so is in the best interests of the child. In Pennsylvania, modifying a custody order involves several steps:

File a Petition for Modification with the Court;
Pay the filing fee (or request a fee waiver if you qualify);
Serve the other parent with notice of your petition;
In some counties, after filing your petition you may be required to attend a mediation session and/or parenting seminar;
Attend a hearing or conciliation conference to try reaching a final agreement. (In some counties, this first appearance may serve as your final hearing. In other counties, there may be multiple court appearances required before a final hearing.)
The judge will issue a modified order if the court determines that it is in the child’s best interest.