Frequently Asked Questions concerning Custody

Q: Can you help me to understand the various forms of custody?
A: In Pennsylvania, there are various forms of physical custody of a child. They are primary, partial, shared and visitation. Primary custody refers to a situation where one parent has the child staying overnight with them the majority of the time. Partial custody refers to a situation where the parent who does not have primary custody will still be allowed to see the child and take them to their house. Visitation is when the non-custodial parent is permitted to visit a child but is not allowed to remove the child from the designated location.

Q: My wife and I plan to share custody of our child. What exactly does that mean?
A: Shared custody is a situation where both parents have custody of their children a substantial amount of time. Shared custody does not mean equal time and is determined from the amount of time each parent has the child over the course of a calendar year. A shared custody arrangement can be anywhere from one week with one parent with the other week with the other parent to school year with one parent and all other holidays and summer vacation with the other parent. Each case is individual so what works best for one case does not necessarily work for another case. In order for shared custody to work, according to the courts, the parents must have a certain amount of cooperation between themselves.

Q:. Can you define legal custody vs. physical custody and what determines which parent will have legal custody?
A: Legal custody is completely different from physical custody. Legal custody involves the major decision making processes of parents - such as where the child will go to school, what doctors he/she may see, what their religious upbringing may be, etc. Most parents will have joint legal custody unless there is a compelling reason not to award a parent this right. Situations where this has occurred is when a parent has an active substance abuse problem or if the parent is incapable of making rational decisions regarding the child. These are tricky situations and may require medical testimony and court intervention, which takes it out of mediation.

Q: What is the most typical custody situation?
A: In the courts, a typical custody situation is one parent is primary and the other parent has partial custody on every other weekend, one night per week from after school (if school age) to about 7:00, one week of vacation and alternating holidays. In order to be considered for a shared custody arrangement, both parents would need to average 146 overnights during the course of a calendar year. In Pennsylvania from a physical custody standpoint, it is still the overnights that control the determination of custody and not how much time a parent spends with the child each day.

The following are formal definitions:

Child:
Any unemancipated person under 18 years of age.

Legal Custody:
The legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions.

Partial Custody:
The right to take possession of a child away from custodial parent for a certain period of time.

Physical Custody:
The actual physical possession and control of a child.

Shared Custody:
An order awarding shared legal or shared physical custody, or both, of a child in such a way as to assure the frequent and continuing contact with and physical access to both parents.

Visitation:
The right to visit a child. The term does not include the right to remove a child from the custodial parent's control.