Custody and Visitation

Pennsylvania statute defines "Child" as any emancipated person under 18 years of age. "Physical custody" is the actual physical possession and control of a "child". "Partial custody" is the right to take the child from the custodial parent for some period of time. "Legal custody" is the legal right to make major decisions affecting the best interest of a minor child, including, but not limited to medical, religious and educational decisions. "Shared custody" can be shared physical or legal custody or both. "Visitation" is the right to visit a child but not to remove the child from the custodial parent's possession and control. "Shared custody" is the preferred custodial mode in Pennsylvania.

Pennsylvania has jurisdiction over a custody case if Pennsylvania is the child's "home state". "Home state" is defined as the last state in which the child resided with his parents, or a person acting as his parent, for at least six consecutive months prior to the filing of the custody petition, . Other facts, such as the amount of the child's contact with different states, can be taken into consideration by a court in making a determination as to what is the "home state". There are cases in which more than one state can be considered a "a home state".

Parents are allowed (have standing) to seek custody of their own children. By operation of statute and common law, some third parties may seek custody of children in some circumstances. For example, there is a specific statute providing for Grandparents' visitation under some circumstances. An individual who has acted as a child's parent (in loco parentis) has standing to seek custody of that child. Adoptive parents have the same standing as natural parents. Natural parents have a prima facie right to child custody subject to forfeiture if there is clear and convincing evidence that the child's best interests will be served by awarding custody to someone else. This situation usually arises when a parent is unfit.

The rule, always, in awarding custody is that custody will be given to the parent who can best promote the interests of the child. A number of factors are taken into consideration in determining "what" is in "the best interests of the child" , including, but are not limited to, the following:

1) relatives, friends and neighbors at each parent's location

2) location of siblings as the courts are reluctant to separate siblings

3) which parent is the primary caregiver

4) each parent's parenting skills and the child's best psychological interest

5) the wishes of the child (given more weight as the child gets older)

6) resources and schools

7) the child's developmental needs

Pennsylvania statute specifically says, "In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the non-custodial parent and the child. In addition, the court shall consider each parent and adult household member's present and past violent or abusive conduct which may include, but is not limited to, abusive conduct as defined under the act of

(Continued )