Definition of Shared Legal Custody in Pennsylvania

The court shall grant custody to the parent(s) who can best serve the best interests of the child. It takes into account that of each parent: your parenting plan will determine the type of legal custody your family will have. For shared custody, it can define decisions that must be left to one of the parents or made jointly. For example, one parent may have power over educational decisions, while both must agree on medical decisions. At this time, Pennsylvania law has unique terminology regarding physical custody (physical possession and control of a child) and legal custody (the right to make important decisions about a child`s life): A parent with partial custody of the children has the right to have unsupervised physical custody of their children at agreed or ordered times. For more details on custody, see Title 23, Chapter 53 of the Consolidated Statutes of Pennsylvania. The judge may choose from these types of custody to enter into an agreement in the best interests of the child. Pennsylvania law states that there is no presumption that one parent is favored over the other. If the parties are unable to agree on a custody agreement, they may be asked to attend mandatory education and/or mediation sessions.

If, however, no agreement can be reached, judicial intervention may be necessary. A judge ultimately decides on the custody agreement if the parties themselves fail to reach an agreement. While the court must consider all factors in the same way, unfortunately, there may be adherences to outdated parenting methods that emphasize the mother`s role as the primary caregiver. For this reason, when it comes to detention, it is important to have a lawyer who can be your voice in an often one-sided justice system. In a similar but opposing case, Hill v. Hill, the Supreme Court had previously considered a custody order that appeared to grant joint custody to the parties, but “in case of disagreement, the mother`s preference prevails.” The Supreme Court stated that this was an assignment of shared custody only by name, since the last word to give the mother the last word was effectively to create sole custody. Joint custody, also known as shared custody, is an agreement in which custody is shared by both parents in such a way that both parents have ongoing contact with the child. It is important to note that the parties may share custody and do not have the same amount of time with the child.

Parents may have shared physical and legal custody. The visit is different from the guard. If a party has “access rights”, they are not allowed to take effective custody of the child. The party is simply allowed to spend time with the child while the child controls another person. Physical custody is what it looks like – the physical possession of the children themselves. Joint custody ensures that children have frequent and ongoing contact, including physical access, with both parents. Most often, this means that both parents have the same or almost the same time with their child. For example, parents with shared custody can alternate weeks with the child or share alternating weeks and weekends.

Grandparents can also request partial custody and a visit. If an unmarried child has lived with his or her grandparents for a period of 12 months or more and is subsequently removed from the home by his or her parents, the grandparents may apply to the court for an order granting them adequate partial custody or access, or both, for the child. This custody must not affect the parent-child relationship. Because Pennsylvania`s family system is trifurcated, custody actions can be brought alone or as part of divorce or support lawsuits. The custody system is intended to help the parties agree on a custody plan. One parent may be granted sole custody of children in PA if the other parent is unwilling or unable to be a parent. Lack of fitness occurs when a parent poses a danger or risk to children due to neglect, abuse or dependence, among other things, or when the parent is imprisoned. Keywords: Pennsylvania, child custody, parent, divorce, shared physical custody, primary physical custody, partial physical custody, custody After the 2011 amendment to the custody law, judges and arbitrators made decisions with less bias and presumption against the father. Courts have begun to apply the “best interests of the child” factors in order to achieve equal participation of both parents in practice. The court will consider many factors in making this decision, including, but not limited to, the child`s preference, sibling custody arrangements, the party who was typically the primary custodian, etc. In practice, parents may be able to decide among themselves in custody negotiations and set them up in a matrimonial settlement agreement for submission to court. If the parents fail to reach an agreement, the judge will rule on the basis of Pennsylvania`s custody law.

That depends. The court will consider many factors when determining custody. Depending on the age, intelligence and maturity of the child, the child`s preference may be taken into account. Other possible factors include the parties` work plans and the abusive behaviour of one of the parties in the past. If the other parent does not show up within a reasonable time after the planned visitation or partial custody without notice, you can assume that the other parent has chosen not to exercise that particular visit or partial custody. Time sharing will continue on the next scheduled visit. Custody disputes can be resolved by agreement at any stage of the process. In addition to the factors described above in determining custody, there are practical considerations for determining custody. These practical considerations include each parent`s work schedule, whether the children are in school, where the parents live relative to each other, and so on. Whether a parent has primary, joint or partial custody, both parents should agree on a schedule for each parent`s custody period.

The schedule specifies the days of the week and the hours when parents have on-call time, including overnight stays. Related Posts: How Do I Get Primary Custody of My Child in Pennsylvania? What pennsylvania custody law says about your child`s summer vacation, parenting plans in Pennsylvania, When I apply for custody in Allegheny County, can my children decide where they live? When a parent gets primary custody, their children live with them most of the time. Day-to-day decisions such as what the child carries to school, the child`s bedtime and minor disciplinary measures are the responsibility of the parent with primary custody. The other parent has either partial custody, unsupervised parenting time, or a supervised parental visit or time or a visit if the court deems it necessary. A parent may have partial custody of his or her children if he or she has the right to remove the children from the parent with primary custody for less than 50 per cent of the nights of a week or month. This is common when a parent cannot share custody due to work, travel, life outside the school district, or any other barrier to half the time spent at home. Although Pennsylvania law recommends that custody cases be resolved within 180 days, many cases — especially those that go to court — exceed that time due to overloaded court schedules. There are two types of child custody: legal and physical. If no settlement can be reached, a custody decision will not be made until the judge hears the case. The proposed parenting plans assist the judge in making a decision about the child.

The judge may also order a physician or behavioural physician to evaluate the parties or make on-call recommendations. In general, even if one of the parties has primary physical custody, the parties share custody or the right to make decisions for the child. Sole custody is the transfer of physical and legal custody of the child to a parent. .