Pennsylvania custody law is governed by 23 Pa.C.S. Chapter 53. The overriding standard in every custody case is the best interest of the child — not the preferences of the parents.
Legal custody: The right to make major decisions about the child's life — education, healthcare, religious upbringing. Can be sole (one parent decides) or shared (both parents have equal decision-making authority).
Physical custody: Where the child lives. Can be primary (child lives primarily with one parent), shared (child spends substantial time with both parents — does not have to be 50/50), partial (regular schedule with the non-primary parent), or sole (one parent has all physical custody).
The court must consider all 16 statutory factors, including: which parent is more likely to encourage a relationship with the other parent, the present and past abuse by a parent or member of the household, the parental duties performed by each parent, the need for stability and continuity, the availability of extended family, the child's sibling relationships, the well-reasoned preference of the child (based on maturity), and each parent's attempts to turn the child against the other parent (parental alienation).
If a parent with custody wants to move a significant distance (any distance that would materially affect the other parent's custodial rights), they must provide 60 days' advance notice under 23 Pa.C.S. § 5337. The other parent can object, and the court will hold a hearing considering 10 specific relocation factors. Relocating without proper notice or court approval is taken very seriously by courts and can result in a change of custody.
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