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Code § 1915.25. Section 5351 of the Domestic Relations Code, 23 Pa. C.S. § 5351, of the Uniform Child Custody Jurisdiction Act, relating to additional parties, is suspended insofar as it provides for the joinder of a person not a party who claims to have custody or visitation rights with respect to the child.
If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time.
Primary/partial custody schedules Parents in a primary/partial arrangement typically choose a 60/40 schedule or 70/30 schedule. During summer break, the partial parent may receive consecutive weeks with the child. With a 4-3 schedule, parents split time 60/40.
If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent's consent can be held against you in court if that action was not reasonable.
Pennsylvania law does not give preference to either a mother or father when deciding custody issues. Rather, the court will assess 16 factors set forth by statute to determine what is in the child's best interests. The two main types of custody in Pennsylvania are legal custody and physical custody.
Obtaining sole legal and/or physical custody is difficult because the court prefers that a child have both parents in their life through other custody arrangements like primary physical custody or even shared custody. However, the safety and well-being of your child will be everyone's priority.
Parents who are not in good physical health, are struggling with a mental health condition, have substance abuse or alcohol problems, or who are convicted of certain types of crimes are all examples of parents who may be deemed unfit.
Parents generally have a sole custody arrangement when both parents agree that it is in the child's best interest, one parent travels extensively for work and finds it difficult to have a child live with them, the parents live far away from each other, one parent has problems with substance abuse or is mentally ...