The Pennsylvania courts make decisions about child custody based on the best interest and welfare of the child. The following forms of custody can be granted:
Sole custody — As the sole legal custodian, you have the right to make long-term plans and decisions for your child’s welfare. As the sole physical custodian, your child lives with you and you have the right to make the everyday decisions that govern your child’s needs. Sole custody means you have both legal and physical custody.
Joint custody — In joint legal custody, you and your spouse share in your child’s upbringing and your child lives with one of you. If physical custody is shared, the child has two residences.
In either situation, the non-custodial parent receives visitation rights. In determining custody, the court considers:
- The child’s preference
- Each parent’s ability to provide for the child’s physical, emotional and intellectual well-being
- The ability of each parent to nurture frequent and continuing contact between the child and the non-custodial parent
- Any abusive or criminal conduct by either parent
- Each parent’s ability to provide for the child’s physical, emotional and intellectual well-being
- The ability of each parent to nurture frequent and continuing contact between the child and the non-custodial parent
- Any abusive or criminal conduct by either parent