Custody FAQs

Pennsylvania recognizes two main types of custody:

• Legal custody: The right to decide about the child’s upbringing (education, healthcare, religion).
• Physical custody: Determines where the child lives and how much time each parent spends with the child.

Depending on the court's ruling, physical custody can be sole, primary, shared, or partial.

If the other parent violates the custody order, you can file a petition for contempt with the court. The court may enforce the order through fines, changes to custody arrangements, or, in extreme cases, jail time for the non-compliant parent.

Courts in Pennsylvania prioritize the best interests of the child. Factors include parental ability to provide stability, the child’s preference (if mature enough), relationships with siblings, a history of abuse or neglect, and each parent’s ability to foster a relationship with the other parent.

In Pennsylvania, grandparents can seek custody under certain circumstances, such as when both parents are deceased when the child has lived with the grandparent for 12 months or more, or if the parents are unfit. They may also seek visitation rights.

Yes, custody orders can be modified if circumstances significantly change, such as relocation, changes in parental fitness, or a child’s needs evolving. The court will always consider the child’s best interests.

Parents who cannot agree on a custody arrangement must attend custody mediation or conciliation (in some PA counties). If they still can’t decide, the case goes to family court, where a judge will determine custody based on the child's best interests.

Judges consider:

• The child’s relationship with each parent.
• Each parent’s ability to provide a stable home.
• Any history of abuse, neglect, or substance use.
• The child’s preference (if mature enough).
• Each parent’s willingness to cooperate in co-parenting.

The court strongly encourages co-parenting unless it would harm the child’s well-being.

In Pennsylvania, unmarried parents have equal custody rights, but custody is not automatically granted to the mother.

Without a court order, the mother has sole custody by default until the father establishes paternity and requests custody rights. Fathers can establish paternity through:

• Signing an Acknowledgment of Paternity at birth.
• Filing a paternity petition in court.

Once paternity is established, parents can seek custody or visitation through the family court.

To file for custody in PA:

• File a Custody Complaint in the Court of Common Pleas (Family Division) in the child’s home county.
• Serve the other parent with legal notice.
• Attend a custody conciliation conference (if required in your county).
• If no agreement is reached, the case goes to a custody hearing before a judge.

Some counties require co-parenting classes before finalizing a custody order.

Physical custody refers to where the child lives and who provides daily care.

• Primary physical custody – The child mostly lives with one parent.
• Shared physical custody – The child spends significant time with both parents.
• Partial physical custody – One parent has less parenting time than the other.

Legal custody refers to decision-making rights regarding:

• Education
• Healthcare
• Religious upbringing
• Extracurricular activities

Most PA courts award shared legal custody unless one parent is unfit.

Both parents are responsible for financially supporting their child, but typically, the non-custodial parent (the one with less physical custody) pays support to the primary custodial parent.

Child support is based on Pennsylvania’s Child Support Guidelines, which consider:

• Each parent’s income and earning capacity.
• The number of children being supported.
• The child’s healthcare and daycare expenses.
• Any extraordinary medical or educational costs.

The court uses a formula to calculate support based on combined parental income.

If parents share equal (50/50) physical custody, the higher-earning parent may still be required to pay support to balance financial responsibilities. The court reviews:

• Each parent’s income.
• Child-related expenses (health insurance, daycare, school costs).

If incomes are very close, child support may be minimized or waived.

A child cannot choose where to live unilaterally, but PA courts consider the child’s preference if the child is mature enough (usually around age 12 or older).

The judge will weigh the child’s wishes alongside:

• Each parent’s ability to care for the child.
• Any history of abuse or neglect.
• The overall best interests of the child.

A child’s preference alone is not enough to determine custody.

Pennsylvania custody laws are gender-neutral—neither parent is automatically favored. Courts decide custody based on the following:

• Parental involvement in the child’s life.
• Stability and home environment.
• Ability to co-parent and communicate effectively.

Fathers have an equal right to seek primary or shared custody.

Yes, but PA courts generally apply the same custody standards for all parents, regardless of sexual orientation.

Key considerations in LGBTQ+ custody cases:

• If the child was born into a same-sex marriage, both spouses may have equal parental rights.
• If only one parent is biological or adoptive, the other parent must establish legal parental rights (through adoption or court order).
• Courts may consider whether a child was conceived using assisted reproduction and if there was an agreement on parental intent.

LGBTQ+ parents can and do successfully obtain custody, but legal complications can arise in cases where parentage is disputed. Consulting a family law attorney can help protect parental rights.