What is “Child Custody?”

Child custody in the state of Pennsylvania determines who has actual custodianship over a specific child. The person (or persons) with legal custody over the child has the right to make decisions in the best interest of the child pertaining to health, education, and religious decisions.

The issue of child custody usually arises in cases of divorce in which both spouses have legal custody over the same child.

Child custody is an extremely broad term. Pennsylvania courts may grant seven categories of custody to either parent. These categories may limit the scope of custody a parent may be awarded.

These categories include:

1.)      Shared physical custody in which each parent is granted significant physical custody over the child;

2.)      Primary physical custody in which the court awards one parent physical custody over the child for the majority of the time while the other parent still has visitation rights;

3.)      Sole physical custody permits one parent to have the exclusive right to custody over the child;

4.)      Partial physical custody limits one of the parents to physical custody less than a substantial amount of the time;

5.)      Supervised physical custody grants custodial time to a parent but requires that a third party or agency be present for the visit;

6.)      Shared legal custody permits more than one person to have legal custody over the child and share in the decision-making responsibilities and duties to that child; or

7.)      Sole legal custody in which only one person has the legal and exclusive right to take care of that child.

Based on the situation between the two parents, whether it be biological parents, adoptive parents, or guardians of the child, the court will grant one of these forms of custody. Each situation is different, and the court awards custody based on what is in the best interest of the child, not the two parties involved.

Once the court awards custody to a specific party or parties, then that custody order must be followed. Failure to abide by the court's child custody order may lead to being held in contempt of court. If a party is found to be in contempt of court for violating a child custody order, they may face fines, imprisonment, probation, or other penalties.

The court takes child custody cases very seriously as children in these situations are typically too young to speak for themselves. Every situation is different and thus, the court weighs out all the applicable factors and applies them as they see fit.