FAQ’s – Child Custody

Grandparents are able to file a petition for partial custody or visitation. They may petition when a parent of the child has died, where the parents of the child have been separated for six months or more, or when divorce proceedings have commenced, or when the child has lived with the grandparents for 12 months or more and subsequently been removed from the home by his or her parents. Grandparents may also seek primary physical custody of the grandchild under very limited circumstances.

When parents are unable to communicate regarding the day-to-day needs of a child, the court can require individual counseling for each parent, counseling for the child or require the parties to attend co-parenting counseling sessions to ensure that they are able to learn to communicate, if only, when dealing with the child.

Yes. The standard for modification is best interest of the child. Therefore, an individual desiring to change an order can file a petition with the court.

Before an individual may remove a child from his or her jurisdiction, that person needs to obtain the consent of the other parent or court approval. In order to obtain court approval, that parent must file a relocation petition and prove several factors such as whether the move will be in the best interest of the child, whether that party is moving simply to deny the other party access to the child, and whether or not reasonable alternate custody can be given to the non-relocating party.

If an individual relocates without the other parent’s consent or court approval, that party risks the court denying the relocation or making the child return to the jurisdiction pending a full hearing on the matter, which could take several months. This can be extremely burdensome on the party who has relocated since he or she may have already secured a new residence or enrolled the child in a new school.

The court may award shared custody based on four criteria. First, both parents must be capable of making child-rearing decisions and willing to provide care and love to the child. Second, both parents must be willing to have continued and active involvement in the child’s life. Third, the child must find both parents as sources for love and security, and last, there must be at least a minimal amount of cooperation between the mother and father.

The basis in which courts award custody is often complicated. They take into account numerous factors in deciding custody and consider all relevant factors that could affect a child’s well-being. Who the primary caretaker has been, where would siblings be raised together, the fitness of the parents and past misconduct and mental illness of the parents are just some of the factors used.

There are seven types of custody in Pennsylvania:

• Legal custody: The legal right to make major decisions affecting the best interest of a minor child, including medical, religious and educational decisions.
• Physical custody: The actual physical possession and control of the minor child.
• Partial custody: The right to have the child away from the custodial parent for a certain period of time.
• Shared custody: An order awarding shared legal or shared physical custody or both of a minor child in a way to assure the child’s frequent and continuing contact with both parents. Shared custody need not be equal in time split between homes of parents.
• Visitation: The right to visit the minor child. This does not include the right to remove a child from the custodial parent’s control.
• Temporary custody: An order awarding physical possession of a child pending the final determination of custody.
• Sole custody: An order awarding sole custody to one parent only when it is in the best interest of the child.