Winning Child Custody in Pennsylvania

by Matthew P. Kelly on Sep. 24, 2018

Divorce & Family Law 

Summary: Undoubtedly, there are many aspects to a legal battle for child custody that can be stressful and confusing.

Winning Child Custody in Pennsylvania

Undoubtedly, there are many aspects to a legal battle for child custody that can be stressful and confusing.

With the number of determinations to be made, it can be difficult to know where to start to get the best result for you and your family.

Given the delicate yet challenging nature of a child custody case, it is important to consult with an expert in family law or child custody to help make sense of a trying situation.


Winning Child Custody in PennsylvaniaWinning Child Custody in Pennsylvania

Can I take my child if there is no custody order?


Can I take my child if there is no custody order?

While it may seem intuitive that a legal order would be required to take your child, when there is an absence of a legal order of custody, both parents have the right to decide with whom they will live.

There are a number of determinations that can be made as to who has the right to take physical custody of the child. First, shared physical custody can be granted.

In this instance the child will live with both parents on a part-time basis.

Alternatively, primary custody can be granted to a parent, where the child will live with them on a full-time basis.

Excellent resource for PA Child Support Program. Here you can Make a Support Payment or get the right documents to fill for Child Support.

In this case, partial custody can be granted to the other parent so that the child will be able to stay with them on a limited basis, such as one or two days per week.

Also, in cases where primary custody is granted to one parent, visitation may be granted to the other parent, where they are able to visit with, or spend time with the child, but the child does not live with them, even on a part-time basis.
Additionally, it is important to differentiate legal custody versus physical custody. While a parent may have physical custody of the child, whether through a court order or agreement between the parents, legal custody may be shared between parents. Legal custody entails making decisions about medical, educational, and other decisions that do not entail the child’s living arrangements.

This decision can be arrived at via an agreement between both parents. However, in an instance where an agreement cannot be reached, finding a family law attorney or child custody lawyer who can help decide what your options are and help present your case is important.

Legal custody and physical custody are not necessarily linked.

As such, legal custody and physical custody may have different determinations and a parent may be granted primary custody, but still have shared legal custody.

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