How Is Child Custody Determined?

Pennsylvania courts – like other courts throughout the nation – make determinations about child custody in relation to the involved children’s best interests. Because having both parents in their lives is considered beneficial for children, Pennsylvania courts are motivated to maximize the amount of custodial time each parent receives. If you are facing a divorce involving children, need a child custody modification, or have a child custody case outside of marriage and divorce, an experienced child custody attorney in Harrisburg, Pennsylvania, is on your side and here to help.

Physical Custody

In Pennsylvania, child custody is addressed in terms of both physical custody, which reflects each parent’s visitation schedule, and legal custody, which addresses each parent’s decision-making authority. Physical custody determines when the children are under one parent’s supervision and when they are under the other’s.

When One Parent Becomes the Primary Custodial Parent

One parent may become the primary custodial parent, which means they will have the children the majority of the time and are likely to receive child support from the other parent. A parent, however, is only denied visitation with their children when there are very serious reasons for the decision. Pennsylvania courts can, however, limit risk to children by requiring supervised visitation when it’s called for.

Best Interest Factors

Physical custody terms are determined by taking best-interest factors, like the following, into careful consideration:

• The extent to which each parent has been involved in raising the children to date
• The extent to which maintaining the status quo – in terms of home life, school, and community – is advisable
• Each parent’s commitment to supporting the other’s close and ongoing relationship with the children
• The preferences of those children who are considered mature enough to participate in the decision-making process
• The children’s physical, educational, emotional, and developmental needs, including any special needs, and each parent’s investment in adequately addressing these needs
• Each parent’s physical and mental health and the physical and mental health of others in their household
• The distance the parents live from one another
• The level of conflict between the two parents and each parent’s commitment to effective co-parenting
• Whether domestic violence, child abuse, or child neglect is a current concern
• Either parent’s history of drug or alcohol abuse – and the history of others in their household

Legal Custody

Legal custody in Pennsylvania refers to making primary parenting decisions regarding big-picture topics like the following:

• The children’s education
• The children’s healthcare
• The children’s participation in extracurricular activities
• The children’s religious education

Unless there is a reason for ruling otherwise, the parents will continue making these decisions together – but one may have the authority to break a tie.

An Experienced Harrisburg, PA, Child Custody Attorney Can Help

Maria Cognetti is an accomplished child custody attorney at Cognetti Law Group – proudly serving Central Pennsylvania – who is well versed in the complexities of child custody cases and will spare no effort in her fierce advocacy of your parental rights. We’re on your side, so please don’t delay contacting us online or calling us at 717-909-4060 for more information today.