Sometimes when parents end their
marriage, it is difficult for them to agree upon who should have
custody of the children. The court uses a “Best interests”
and welfare of the child standard to decide which custody arrangement
will be best for the children. The court also takes into account
various other factors, which include the desires of all parties
involved; the age and health of the parties; the history of domestic
violence, if any; and the relationships with siblings and other
extended family members.
In some situations, Joint Custody
can work. Joint custody works best when parents are non-hostile
and very cooperative. It also works best when the parents live
close enough to each other.
There are two different types of
custody: Physical custody and legal custody. Physical custody
is determined by which parent has the children in their “possession”.
Legal custody is determined by which parent (or commonly both)
has decision making power in deciding on important aspects of
the child or children’s upbringing.
VERY BRIEFLY, Regarding Custody in Pennsylvania,
below is an abbreviated and very summarized version of part of
what the Pennsylvania Pa.R.C.P. and/or Pa.C.S.A. provides. (Please
note that this content may not be continuously updated, and thus
may not contain the most recent updates and/or revisions of the
Pennsylvania laws and supplemental information. This information
is provided for overview and information purposes, and is not
meant to be legal advice. It is always best to consult with an
experienced family law attorney, who utilizes much more than
the following information, including caselaw, statutory law,
and other resources to provide legal advice.):
The general rule is that custody be awarded as is in the best
interests of the child(ren).
§ 5303. Award of custody, partial custody or visitation.
(a) General rule.--In making an order for custody, partial custody
or visitation to either parent, the court shall consider, among
other factors, which parent is more likely to encourage, permit
and allow frequent and continuing contact and physical access
between the noncustodial parent and the child. In addition, the
court shall consider each parent and adult household member's
present and past violent or abusive conduct which may include,
but is not limited to, abusive conduct as defined under the act
of October 7, 1976 (P.L.1090, No.218), known as the Protection
From Abuse Act.
Regarding shared custody:
§ 5304. Award of shared custody.
An order for shared custody may be awarded by the court when
it is in the best interest of the child:
1. upon application of one or both parents;
2. when the parties have agreed to an award of shared custody;
or
3. in the discretion of the court.
And regarding grandparents:
§ 5313. When child has resided with grandparents.
If an unmarried child has resided with his grandparents or great-grandparents
for a period of 12 months or more and is subsequently removed
from the home by his parents, the grandparents or great-grandparents
may petition the court for an order granting them reasonable
partial custody or visitation rights, or both, to the child.
The court shall grant the petition if it finds that visitation
rights would be in the best interest of the child and would
not interfere with the parent-child relationship.
For legal help with your Pennsylvania
Custody matter, please contact Pittsburgh custody lawyer Bethany
L. Notaro, Esquire.
