Child custody in Pennsylvania refers to how the courts allocate both legal decision-making and physical parenting time between parents who are no longer together. In order to determine custody, the courts will prioritize the best interests of the child by examining a variety of important factors. The resolution of child custody arrangements may seem daunting; however, with an experienced Pennsylvania family law attorney at Ilkhanoff & Silverstein, your child custody schedule can be brought up in the least stressful way possible, with your child’s best interest always in mind.
Understanding Child Custody in Pennsylvania
Child custody laws in Pennsylvania are designed to help children maintain stable and supportive relationships with both parents when possible and safe to do so. As such, the courts in Pennsylvania, including York and Lancaster Counties, evaluate all child custody cases on an individual basis. The court utilizes the “child’s best interest” standard, which prioritizes the safety, stability, and overall well-being of the child over the wants and wishes of the parents. These laws are governed by Pennsylvania custody law and apply across the state, including York and Lancaster Counties.
While parents are encouraged to cooperate and work together to determine a child custody arrangement, this isn’t always possible or viable. As such, if the parents cannot reach an agreement, the court will intervene to apply statutory factors to determine custody of the child.
What are the Different Types of Child Custody in Pennsylvania?
In Pennsylvania, child custody is split into two categories: legal custody and physical custody.
The most common form of child custody today is known as “joint custody.” If joint custody is awarded, both parents will equally share parenting responsibilities and will be recognized as custodial parents. This includes both legal and physical custody; however, these can be independent of one another.
When a parent has physical custody, he or she provides the child with daily care. A single parent can be awarded both legal and physical custody.
Primary Types of Custody Arrangements
- Joint legal custody: both parents share the responsibility of making decisions for the child (i.e., religion, education). However, the child may likely live primarily with one parent.
- Shared physical custody: here, the child will split their time residing with both parents. At a minimum, the other parent must have 35% of the child’s time.
- Combination: This solution can be decided upon by the parents, which includes a unique combination of joint legal custody and shared physical custody.
What Factors Do Pennsylvania Courts Consider in Custody Decisions?
Pennsylvania courts rely on structured legal frameworks to determine custody arrangements when parents are unable to reach an agreement on their own. As mentioned, the primary standard is the “child’s best interest.” This includes a number of statutory factors that must be considered under Pennsylvania law.
Factors Courts Consider in Pennsylvania Custody Decisions
Pennsylvania law requires the courts to consider a number of important statutory factors when determining custody to ensure the arrangement is in the best interests of the child.
- The age, maturity, and wishes of the child, if appropriate
- The age and health of the parents
- Each parent’s relationship with the child
- The parents’ ability to provide a safe and stable home for the child
- Where each parent lives in relation to one another
- Whether or not an arrangement would disrupt the child’s education
- Any special needs or medical conditions the child has
- The financial capacity of each parent
- Each parent’s willingness to encourage a relationship between their child and the other parent
- Any allegations of abuse, neglect, violence, or substance issues
Can Child Custody Be Modified?
If there is a change in circumstances that requires a modification of the initial custody agreement, the custody situation may change. However, any changes must be reviewed and approved by the court and must present a valid reason with intent for the best interests of the child.
It’s important to understand that, in order to modify a custody agreement in Pennsylvania (or any domestic support order, for that matter), the parent seeking the change must show that a substantial change in circumstances has occurred that impacts the well-being of the child.
Common Reasons for a Custody Modification in PA
- Loss of employment
- Relocation
- Changes in work schedule
- Re-marriage
- Considerable changes to the child’s needs
What Are Some Recent Changes In Pennsylvania Child Custody Law?
In 2011, legislation was passed into law in hopes of adopting a more modern interpretation of child custody, including decisions to be considered as gender-neutral.
Key Legal Updates
- Judges are now required to explain their decision
- There is now a rebuttable presumption that parents should be given custody of their children
- Notification of relocation is now required
- The criminal history of all household members of the custody petitioners will be considered
Contact Our Experienced Lancaster Family Law Firm
We understand that going through the legal system alone can be both confusing and highly stressful for families in Eastern Pennsylvania, including York and Lancaster Counties. That is why it is our job at Ilkhanoff & Silverstein to help you through every step of the process ahead. For years, we have been helping clients throughout Lancaster County and its surrounding areas through a wide range of legal matters, including personal injury cases, criminal defense matters, family law issues, estate planning law matters, and more. If you need legal assistance, we are here to help. Contact Ilkhanoff & Silverstein today.
