There are two aspects of Child Custody: legal custody and physical custody. Legal custody is the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions. There can be shared legal custody, which is the right of more than one individual to legal custody of the child, or there can be sole legal custody, which is the right of one individual to exclusive legal custody of the child. Physical custody is the actual physical possession and control of a child.

There are different awards of physical custody. An individual can have: sole physical custody, which is the right of one individual to exclusive physical custody of the child; primary physical custody, which is the right to assume physical custody of the child for the majority of time; shared physical custody, which is 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; partial physical custody, which is the right to assume physical custody of the child for less than a majority of the time; and supervised physical custody, which is 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.

Not just anyone can bring an action for custody of a minor child.  To bring an action for legal custody or physical custody, an individual must have standing. Pursuant to the Pennsylvania Custody Statute, examples of individuals with standing include: a parent of the child; a person who stands in loco parentis to the child; a grandparent of the child who is not in loco parentis to the child when certain conditions are met; and an individual who establishes by clear and convincing evidence that the individual has assumed or is willing to assume responsibility for the child, the individual has a sustained, substantial and sincere interest in the welfare of the child, and neither parent has any form of care and control of the child. 

Request a Consultation

Name(Required)

In addition to the foregoing, grandparents and great-grandparents may file an action for partial physical custody or supervised physical custody in the following situations:

When the Court is ordering any form of custody, the Court determines the best interest of the child by considering the following factors:

To understand what custody rights you may have under the law and how best to navigate your particular situation, whether that be going to Court if necessary or reaching an agreement without the necessity of Court intervention, please contact our office to schedule a consultation.