How do I get custody of my children?

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In Pennsylvania, as in many states, there are two types of custody, physical and legal. Physical custody is the actual physical possession and control of a child (a person under 18 years old). Legal custody is the right to make major decisions about the child, which typically include educational, religious, and medical decisions. Under these two classifications are a number of custodial arrangements the courts may order:

Shared physical custody – The right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child.
Primary physical custody – The right to assume physical custody of the child for the majority of time.
Partial physical custody – The right to assume physical custody of the child for less than a majority of the time.
Sole physical custody – The right of one individual to exclusive physical custody of the child.
Supervised physical custody – Custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights.
Shared legal custody – The right of more than one individual to legal custody of the child.
Sole legal custody – The right of one individual to exclusive legal custody of the child.

(23 Pa.C.S.A. § 5322(a))

Factors to be considered:

23 Pa.C.S.A § 5328 outlines factors to be considered when awarding custody. A “best interest standard” is applied:

Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
The parental duties performed by each party on behalf of the child.
The need for stability and continuity in the child’s education, family life and community life.
The availability of extended family.
The child’s sibling relationships.
The well-reasoned preference of the child, based on the child’s maturity and judgment.
The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
The proximity of the residences of the parties.
Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
The history of drug or alcohol abuse of a party or member of a party’s household.
The mental and physical condition of a party or member of a party’s household.
Any other relevant factor.

(23 Pa.C.S.A § 5328)

Filing for Custody

In order to file for custody of your child in Pennsylvania, he or she must have lived in the state for the last six consecutive months. However, there are certain exceptions to this rule:

Your child is less than six months old and has lived in the state since birth
Your child is present in the state and has been abandoned or it is necessary in an emergency to protect the child where he/she or a sibling or parent of the child is subjected to or threatened with mistreatment or abuse.
Your child lived in the state for at least six months but moved away and where you continued to live in the state and the child has not lived in any other state for more than six months.

If there is a custody order in place in another state, you will likely need to consult with divorce attorneys near you in Media, PA, and file a petition in that state to change the order.

(23 Pa.C.S.A. § 5402; 23 Pa.C.S.A. § 5424(a); 23 Pa.C.S.A § 5421(a); 23 Pa.C.S.A. § 5423)