This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Allegheny Pennsylvania USLegal Pamphlet on Primary Custody
State:
Multi-State
County:
Allegheny
Control #:
US-PMPH-16
Format:
Word;
Rich Text
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FAQ
In Pennsylvania, the Court determines an award of custody based on the best interest of a child after consideration of all relevant factors. Particular consideration is given to factors that affect the safety of the child and the gender of a parent is not a consideration.
Pennsylvania Uses the Best Interest of the Child standard Mothers and fathers are evaluated equally and are not favored based on gender. In the cases where the father proves to be the better primary custodian, the father is awarded primary custody.
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.
There is no magic age before they turn 18. A judge must take a child's preference into account, along with that child's age, maturity and other factors. But the final decision is always up to the judge. Simply put, in a custody action, a child has a voice but not a choice.
A common 70/30 arrangement, the every 3rd-day schedule has your child live with one parent for two days and the other parent for one day. The every weekend schedule is another 70/30 option. Your child lives with one parent on weekdays and spends weekends with the other.
Primary/partial physical custody: One parent receives primary custody and gets most of the parenting time. The other parent typically receives partial custody, getting the remaining parenting time. If it's unsafe for the child to be alone with that parent, the court may order supervised partial custody.
How is custody determined in PA? In custody cases courts in Pennsylvania decide based on what is in the best interest of the child. If parents cannot settle an agreement for the court to adopt, it will issue its own controlling order.
In most cases, fathers should be awarded joint legal custody and joint physical custody. If a mother earns more than a father, then a judge may order that a mother pay child support to the father.