This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Pennsylvania USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
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FAQ
The primary purpose of the evaluation is to assess the best psychological interests of the child. The primary consideration in a child custody evaluation is to assess the individual and family factors that affect the best psychological interests of the child. More specific questions may be raised by the court.
If you do not have a custody Order of Court, the default in Pennsylvania is shared legal custody. Physical custody is the right to have the child in your care. Pennsylvania recognizes five types of physical custody. Primary physical custody gives one party the right to care for the child the majority of the time.
The most basic part of the "best interests" standard is that custody decisions should serve the children's health, safety, and welfare.
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.
Crucial Factors. While there's no Magic 8 Ball, you can expect the judge to consider the following factors before making a decision: Any confirmed evidence of domestic violence, abuse, or neglect by either parent. Each parent's ability to provide for the children's physical needs, emotional wellness, and medical care.
Primary physical custody means the parent has physical custody for a majority of the time. Partial physical custody means the parent has physical custody for less than a majority of the time. Sole physical custody means one parent has exclusive physical custody.
Crucial Factors. While there's no Magic 8 Ball, you can expect the judge to consider the following factors before making a decision: Any confirmed evidence of domestic violence, abuse, or neglect by either parent. Each parent's ability to provide for the children's physical needs, emotional wellness, and medical care.
As a default rule for custody disputes, the approximation rule explicitly eschews an investigation of multiple factors relevant to a child's best interests. Instead, it relies on one factor?past caretaking?to make the outcome of disputes more predictable and reduce the incidence of custody trials.
