Child Custody

Child Custody in Pennsylvania

Pennsylvania courts decide custody based upon the best interests of the child. The court considers numerous factors including the child’s safety, each parent's involvement in the child’s life, stability, family relationships and parental responsibilities.

Emergency Custody

Issues may involve alcohol or drug abuse or relapse, domestic violence or threats, serious concerns about a child’s safety, a parent refusing to return a child, criminal conduct affecting the child, dangerous individuals in a parent's household, or other circumstances creating an immediate risk to a child.

Modification of Custody

A parent may seek modification because of changes in the child’s needs, a parent's conduct, school issues, relocation, substance abuse, safety concerns or because the existing custody arrangement is no longer working.

Alcohol and Drug Concerns

These cases may involve hair follicle testing. DUI, other arrests, witness testimony, treatment records when available, and requests for supervised custody, primary and partial custody.

Relocation

Pennsylvania has specific legal requirements when a parent proposes relocating with a child in a manner that significantly affects another parent’s custodial rights. The parent must get court approval before doing so.

Grandparents' Custody Rights and Standing

Grandparents do not automatically have a right to custody or visitation in Pennsylvania. They must first establish that they have legal standing under PA law.

Supervised Custody

Supervised custody may be considered when there are concerns about a child’s safety or a parent’s ability to safely exercise custody. Supervised visits may take place with an approved supervisor or at an appropriate supervised visitation facility.

Contempt and Enforcement of Custody Orders

A parent may seek enforcement when the other parent does not follow an existing Custody Order. The court may review the circumstances and determine appropriate steps to address violations and enforce the existing custody arrangement.

Protection from Abuse (PFA)

A Protection from Abuse (PFA) order may provide legal protection when there are allegations of abuse or other conduct covered by Pennsylvania law. Depending on the circumstances, a PFA may also affect custody, communication, and contact between the parties.