It’s not every relationship that lasts forever, and when the relationship between married couples ends, they file for divorce. After divorce, each couple can go their different ways. However, both parents must agree on a solid parenting plan when children are involved.
If the parents can’t agree on their own, this is when the situation is taken to court for the judge to make decisions on child custody and visitation arrangements. As a parent facing child custody issues in Pennsylvania, you need to know the various kinds of custody you can get over your child or children.
This blog post will tackle Pennsylvania’s child custody types that you need to know.
Various Types of Child Custody in the State of Pennsylvania
There are two major types of child custody under the Pennsylvania custody laws. They include the following:
- Physical custody
- Legal custody
The physical and legal custody in Pennsylvania listed above also have subtypes all of which we will discuss below.
Physical Custody
This is the type of custody most parents seek in court over their child (or children). This type of custody involves deciding who the child or children live and spending most of their time with.
Types of Physical Custody
The different types of physical custody are outlined below:
1. Primary Custody
Requesting for primary physical custody means you want full custody of your child (or children). The children live and spend most of their time with the custodial parent. The other parent is also allowed to spend time with the child or children but not as much as the primary custodial parent.
2. Partial Custody
This partial physical custody grants one parent more custody over the children than the other. Such that the kids only spend some part of their time with the noncustodial parent. This way, the child or children can maintain a good child’s sibling relationship as well as a good relationship with the other parent too.
Partial Custody is different from shared or joint custody.
3. Shared Custody
Another type of physical custody in Pennsylvania is shared custody. In this type of child custody, both parents are granted equal or almost equal custody rights over the children. With shared physical custody, children spend almost the same amount of time with each parent to prevent any major changes to the children’s mental and physical condition.
4. Supervised Physical Custody
This physical custody revolves around granting supervised custody rights to a parent. There should always be a supervisor on the ground, whether it’s the other parent, a court official, or a court-appointed adult, to monitor the children’s time with the parent.
The family court orders these custody rights if a parent can’t be alone with the child or children for one reason, but the court still wants a nurturing relationship between the child and that parent.
5. Sole Physical Custody
This type of physical custody isn’t commonly ordered in court. In this type of custody, proceedings are in favor of a parent alone, such that the other parent has no custody or visitation rights. A parent gets sole physical custody of a child only if it’s best for the child not to have a strong relationship with the other parent.
The noncustodial parent is the one responsible for child support payments. The child support payment will assist the custodial parent in providing for the basic needs of the children.
6. Confirmation of Custody
The parent who has legal custody of the child requests this type of custody order. If the other parent agrees, the court will make the current custody rights official. It’s usually asked for when one parent has been making important decisions about the child’s education, safety, and other things on their own, without any help from the other parent.
This is mostly seen when the other parent is absent due to being in jail, being medically unfit, or any other reason preventing the patient from actively participating in that child’s life.
Legal Custody
This type of child custody in Pennsylvania custody laws refers to the parent’s right to make major decisions for the child or children. It’s not about who the child spends time with or lives with; it’s more about who makes decisions about the child’s education, medical treatment, and other important issues.
Type of Legal Custody
Below are the various types of child custody;
1. Sole Legal Custody
Having this kind of custody rights over your child or children means you’re the only parent with the right and responsibilities to make their decisions. The other parent isn’t in any way involved in the decision-making process on behalf of the child or children. This is usually granted when the other parent isn’t interested or can’t cooperate enough to co-parent.
2. Shared Legal Custody
In this type of custody, both parents have equal rights and responsibilities in making major decisions for the child or children. It’s the most common type of legal custody in Pennsylvania. In shared legal custody, the best thing for the child is for both parents to work together and be flexible.
Looking To Get the Best Child Custody Rights In Pennsylvania? Bentley, Kopecki’s Child Custody Lawyers Is Your Best Bet
Child custody is a very important issue for Pennsylvania couples going through a divorce, and luckily, the court’s decisions are based on what’s best for the child or children. This is where our family law firm comes in. Bentley, Kopecki, Smith, P.C., has the best custody lawyers in Pennsylvania to help you get the best child custody rights for your child or children.
We have more than 4 decades of combined experience practicing family law, and our law firm aims to help families in Pennsylvania experiencing child custody disputes using effective and amicable strategies for your child’s or your children’s best interest.
Get in touch with us right away to set up a free initial consultation with one of our skilled and experienced Pennsylvania child custody lawyers who can help you figure out who will have custody of your child.