Pennsylvania Child Custody

**Legal custody** — who makes major decisions: - **Shared legal custody**: Both parents make major decisions together (education, healthcare, religion) - **Sole legal custody**: One parent makes all major decisions **Physical custody** — where the child lives: - **Shared physical custody**: Significant time with both parents (not necessarily 50/50) - **Primary physical custody**: Child lives primarily with one parent - **Partial custody**: Less than 50% time (formerly called 'visitation') - **Supervised custody**: Contact supervised by a third party Most Pennsylvania cases result in shared legal custody and some form of shared or primary physical custody.

Pennsylvania courts must consider these factors under 23 Pa.C.S. § 5328: 1. Which party is more likely to encourage contact with the other parent 2. Abuse history (present or past) 3. Parental duties performed by each party 4. Need for stability and continuity 5. Availability of extended family 6. Sibling relationships 7. Child's well-reasoned preference (based on maturity) 8. Any party's attempts to turn the child against the other parent 9. Which party is more likely to maintain a loving relationship 10. Which party is more likely to attend to daily needs 11. Proximity of the parents' residences 12. Each parent's availability for the child 13. Mental and physical condition of all parties 14. Level of conflict between parents 15. History of drug or alcohol abuse 16. Each parent's employment responsibilities

Pennsylvania considers the child's 'well-reasoned preference' as one factor — but it's not determinative. **Key considerations**: - No specific age automatically triggers consideration of the child's preference - The court looks at the child's maturity and ability to express a reasoned preference - A manipulated preference carries less weight - The child does not get to 'choose' — it's one factor among 16 **How it's heard**: The judge may interview the child in chambers (off the record) or the child may testify. Courts try to minimize trauma to children.

**Parenting plans**: Courts encourage parents to create detailed custody agreements covering: - Regular schedule (weekdays, weekends) - Holidays and special occasions - Summer vacation - Transportation and exchanges - Communication between parents - Decision-making processes **Modification**: To modify custody, you must show: - A substantial change in circumstances, OR - That modification serves the child's best interests The bar for modification is lower than in some states — courts prioritize the child's current best interests over stability of prior orders when warranted.