Pennsylvania Child custody Process and factors

When parents separate, one of the most difficult and emotional decisions involves the custody of their children. Ideally, parents can come to an agreement but if that is not possible, custody arrangements will be determined by the court. 

In Pennsylvania, child custody is divided into two main categories: legal custody and physical custody. Physical custody refers to where the child lives, while legal custody relates to a parent’s decision-making authority to make decisions regarding the child’s upbringing, such as matters involving education, healthcare, and religion. Both physical custody and legal custody can be awarded solely to one parent or shared between both, depending on what the parents agree to or what the court determines to be in the best interest of the child. 

To begin the custody process, a parent must file a custody Complaint at the Court of Common Pleas in the county where the child has lived for the past six months. Once the Complaint is filed, the other parent will be served the Complaint. 

At least 45 days after a case is opened, both parents will attend a conciliation conference (also called a custody masters hearing) and explore options for avoiding trial. It is common for attorneys to represent clients during the conciliation hearing to help protect their client’s interests. If no agreement is reached, a custody hearing will take place to determine what is in the best interest of the child. 

Before the trial, parents must submit a pre-trial statement detailing the evidence they will present. An experienced attorney can help with gathering and organizing evidence, as well as preparing any witnesses to testify. Evidence may include a proposed parenting plan, any relevant court Orders, police reports, financial documents and more. Witnesses can be anyone who has knowledge that is relevant to the case. If a custody evaluation has been completed, the evaluator may be called to testify by either parent or the judge. Custody trials typically begin at least 30 days after the pre-trial conference. 

During the trial, the parents and their attorneys sit at separate tables in front of the judge. There is no jury in custody cases, and children are not typically allowed to attend the trial. The parent who filed the Complaint - referred to as the plaintiff - presents their case first. Their attorney may give an opening statement, question witnesses and submit evidence. The opposing party’s attorney - for the defendant - will then have the opportunity to cross-examine those witnesses. The defendant’s side then follows the same process: opening statement, witness testimony, and evidence presentation, with cross-examination from the plaintiff’s attorney.

After all testimony and evidence has been presented, both sides will give closing arguments summarizing their main points. If a child gives testimony, it will typically occur privately with the judge on a non-trial day. In many cases, the judge will announce a decision at the conclusion of the trial. If this does not happen, a ruling is typically issued within 15 days. Until a final decision is made, any temporary custody Orders that are already in place should be followed. Once the judge signs off, the decision becomes a final Order. If either parent is unhappy with the outcome, they can file an appeal within 30 days or petition the court for a modification. 

In Pennsylvania, family courts work to create custody Orders that ensure the best interests of the child. When determining custody arrangements, Pennsylvania courts are guided by 16 factors found in 23 Pa. C.S. § 5328, including: 

1) Which parent is more likely to encourage and permit frequent and continuing contact between the child and the other parent. 

2) If there is any past or present abuse by a parent or household member along with the ability to provide a safe environment. 

3) What parental duties are performed by each party on behalf of the child?

4) The need for stability and continuity in the child’s education, family life, and community life. 

5) The availability of extended family.

6) The child’s sibling relationships.

7) The well-reasoned preference of the child, based on their maturity and judgment.​

8) Any attempts by a parent to turn the child against the other parent, except in cases of domestic violence. 

9) Which parent is more likely to maintain a loving, stable, consistent, and nurturing relationship that will meet the child's emotional needs.

10) Which parent is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child.​

11) The proximity of the parents' residences. 

12) Each parent's availability to care for the child or their ability to make appropriate child-care arrangements.

13) The level of conflict between the parents and their willingness and ability to cooperate with one another

14) The history of drug or alcohol abuse of a parent or member of the parents household. 

15) Any mental and physical condition of a parent or member of the parents household. 

16) Any other relevant factors. 

The court puts considerable considerations on the safety and welfare of the child. Given the complexities involved within custody proceedings, having an attorney who is experienced in family law matters will help you understand your rights and advocate effectively on your behalf. 

If you find yourself in need of guidance regarding your custody Order, call the family law attorneys at Ambler Law Offices today for a consultation. (717) 525-5822. Custody consults are typically paid consults and require at least an hour of time. 

The above information is general information only and is not intended to provide legal advice.