Custody

Custody actions may be brought by parents, grandparents, non-relatives, the Commonwealth, or any combination of the same by filing an action for custody. However, the filer needs to have the legal right to file the custody action. This legal right is called “standing” and may be litigated in court.

There are two types of custody: legal and physical. Legal custody is the right to make major decisions affecting the child(ren), such as medical, education, or religious decisions. Physical custody describes where the child(ren) reside, with whom, and how often. An award of physical custody may be primary, partial, shared, or sole custody. Primary custody means one parent is awarded more time than the other while the other has partial custody. Shared custody means both parents have the same amount of time – though the time may not be exactly equal. Sole custody means that only one parent has custody. Finally, visitation is the right to visit with the child(ren) but does not entail overnight time with the child(ren).

While many factors are considered in making custody determinations, the paramount concern of the court is the safety of the child(ren) in combination with the child(ren)’s best interests. In most Western Pennsylvania counties, the parties to the custody matter are required to meet with a Conciliator or Hearing Officer before seeing a Judge so the parties may attempt to reach an agreement. If the parties are unable to reach an agreement, they may be required to attend Co-Parenting Counseling, Family Therapy, or undergo a custody evaluation with a psychologist. If the parties are still unable to agree a court will conduct a trial to determine custody.