If parties are unable to resolve child custody issues without court involvement, a party may file a complaint for custody to start the court process. I use the word “party” because a custody case can involve other individuals besides the parents of a child. Pennsylvania law, the rules of civil procedure, and the local county practices which govern the court process are complex. A party seeking to use the court process would be well-advised to consult with an experienced child custody lawyer.
A good starting point before starting a court process would be to review the definitions in the custody statute and understand the difference between legal custody (shared vs. sole) and physical custody (shared, primary, partial, and supervised partial) and the variations within each type of custody. See 23 Pa.C.S. § 5322.
A Pennsylvania court must consider a list of factors in making an award of custody. See Pa.C.S. § 5324. Those factors are set forth in 23 Pa.C.S. § 5328. Even before filing anything, if a party is considering separating or recently separated, a party should take note of the factor regarding which party is more likely to encourage and permit frequent and continuing contact between the child and another party and the factor that allows a court to consider attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm. No one factor is technically more important than the other but those two factors are often cited in the reported cases.
If one of the parties to a custody dispute is not a parent, they should know and understand the law governing “standing” to file a custody complaint. See 23 Pa.C.S. §§ 5324, 5325.
If a party is considering moving or they fear the other party may move away, they should review the relocation law in Pennsylvania. 23 Pa.C.S. § 5337.
A court may require the parties at some point to submit a Parenting Plan. 23 Pa. C.S. § 5331. A party should review what a Parenting Plan may contain. It provides a good checklist of matters the parties may need to resolve involving the care of a child. In addition to Pennsylvania law, parties starting a court process will need to be familiar with the rules of civil procedure and the local county practices. In Allegheny County, the county website provides information and many forms which can be helpful. If you are outside Allegheny County, consult with your local county domestic relations office to find out their procedure and practice.
Although my practice has moved away from litigation in recent years, I have handled many custody hearings and trials including cases in which third parties have pursued child custody. Feel free to call or email me for a free thirty-minute consultation regarding your child custody options. Finally, always review the current version of the Pennsylvania Child Custody laws and procedures as they change from time to time.
The information provided on this page should not be relied upon for legal advice and your individual situation should be discussed with an attorney.
