The question of "Who gets custody of the kids?" is one of the most difficult and often the most emotionally draining both for parents and their children when parties seperate. Even if you and the other parent have already come to a fair agreement on the custody and visitation issue, an experienced Attorney can help ensure you have not missed any important portions agreements should have, such as birthdays, holidays, rules for exchange, etc. Further, an agreement should be submitted to the court for approval to give the agreement the power of a court decision. 

                                    General Information:

Custody is the legal term used in a court ordered determination of which parent the child lives with and the conditions for the child to visit the other parent. Custody is never considered to be final, as a change in circumstances can warrant a need for change in the order. In Pennsylvania, the law does not favor either the mother or father. Rather, they look to the relationship of each parent with the child. While grandparents and others may seek custody, there is a presumption in favor of the natural parents. This section is designed to give you a general knowledge of the issues involved in determining the parties custody and visitation rights.

                             Frequently Asked Questions:

1. What Types Of Custody Are There?
There are two types of custody:
• Physical custody
• Legal custody.
 
Physical custody refers to the physical possession and control of the child, while legal custody refers to the right to make major decisions (such as educational, medical, religious) on behalf of the child.

There are four types of physical custody:
• Primary
• Partial
• Visitation
• Shared

Primary physical custody refers to the party with whom the child primarily resides.
Partial physical custody refers to the right of the other party to take the child away from the primary custodian (usually for nights, weekends, vacations, etc.). Visitation is the right of a parent to visit (usually supervised) with the child at the child’s primary residence
or another location, but does not include the right to remove the child from the primary custodian’s control. Shared custody is when the parents alternate physical custody of the children to assure regular, frequent contact with both parents.

Legal custody is most often shared between the parents, as both parents should consult before making major decisions on behalf of the child. It is rare that one parent is granted sole legal custody of a child.

2.Where Should The Action Be Brought If The Non-Custodial Parent And I Live In Different States (Or Counties)?
The action should be brought in the home state of the child. This is the state (or county) in which the child has lived for the preceding six months. If the child was absent from the custodial parent’s home state because someone wrongfully removed or kept the child,
the custody action can still be brought in the custodial parent’s home state.

3. What Are The Factors In A Custody Determination?
The standard in a custody action is the child’s best interest. Therefore, all factors and information concerning the child and the parties, which legitimately impact the child, are
relevant. The weight given to each factor in any case will depend upon the unique facts and circumstances of that case.

4. How Much Weight Or Effect Is Given To The Child’s Preference?
The child’s preference is one of many factors. The weight given to the child’s preference will depend upon the child’s age, competency, and the reasons, communicated by the child, for the child’s preference.

5. When Is A Custody Order Modifiable?
A custody order is modifiable when a change in the custody arrangement is in the best interest of the child. There need not be a specific change of circumstances. The parent
seeking to modify the order must show why the present order is no longer in the child’s best interest.

6. Is There A Relationship Between Seeing The Children and Paying Child Support?
Even if a parent is not complying with a support order, if there is a custody order allowing him/her to see the child, the parent must be permitted to exercise custody of the child.
If there is a problem with the support, the parent should file a support complaint, a petition to modify, or a contempt petition. If a person who is obligated to pay support is not seeing the child, the person must still pay support. If there is a problem
with the custody, the parent should file a custody complaint,a petition to modify or a petition for contempt.

7. How do I obtain child support?
A person seeking child support needs to be living apart from the other parent and have primary custody of the child before support will be awarded. A complaint for support must be filed with the court so that a hearing may be scheduled to determine the appropriate amount of child support. No legal obligation to pay support exists until the complaint is filed.

8. Does The Non-Custodial Parent Have Access To The Child’s Medical and School
Records?
Each parent is entitled to be provided access to the child’s medical, dental, school and religious records. There is an exception in certain abuse cases when the child’s address
needs to remain private.

9. What If The Custodial Parent Wants To Move From The Area With The Child?
If there is a custody order in effect, the parent seeking to move with the child must file a petition for permission to relocate the child and, if the terms of the custody order must
change, a petition to modify custody. If there is no custody order in effect, the parent with
whom the child lives should notify the other parent within a reasonable amount of time of the desire to move. If the noncustodial parent objects, the custodial parent will have to file a complaint for custody and a petition to relocate. Before the child is permitted to move, a hearing must be held as to whether the move is in the child’s best interest. The
burden of proof is on the parent seeking to move the child. When deciding whether the move is in the child’s best interest, the court will consider the reasons for the move, the impact of the move on the child and the moving parent, the reasons why the other parent is objecting to the move, and the availability of adequate, alternate custody arrangements if the move is permitted. If the non-custodial parent does not consent to the move, he/she should file a petition seeking to prohibit the planned move of the custodial parent until after a hearing is held as to whether the move is in the child’s best interest.

10. What Rights Do Grandparents Have In A Custody Case?
A grandparent may file a petition for physical and legal custody of a grandchild if the grandparent’s relationship with the child began with the consent of the parents or by an order of court. The grandparent must also have assumed the responsibilities
of the parent for 12 months or more, or the child must be at risk due to abuse or neglect.
The court may give a grandparent custody where it is not in the child’s best interest to be in the custody of either parent, and it is in the child’s best interest to be in the custody of the grandparent.
  If the parents have been separated for six months or more, if there is a divorce action pending, or if the child has resided with the grandparents for 12 months or more, the
grandparents may obtain partial custody or visitation rights. If a parent is deceased, the parents of the deceased parent may also obtain partial custody or visitation rights.
The grandparents’ partial custody or visitation must be in the child’s best interest and must not interfere with the relationship  between the child and the custodial parent.

*Some of the information contained herein is provided compliments of Consumer Legal Information Pamphlets by the PENNSYLVANIA BAR ASSOCIATION. The pamphlets are made available to you as a public service of the Pennsylvania Bar Association. Visit their Web site at www.pabar.org for a list of other pamphlets.