How to Get Full Custody of a Child in Pennsylvania

In order to understand how one parent may be awarded full custody, you must first understand how child custody decisions in Pennsylvania are made in Pennsylvania. When it comes to the process of divorce or separation from an individual with whom you share a child, addressing the issue of child custody is often a complicated matter.

Because every custody situation is different, there are numerous different forms of child custody that may be ordered. In general, most courts presume that a child spending time with both parents is in the child’s best interest.

The child’s best interests standard is a legal standard, which states that all decisions related to a child must be made in accordance with the child’s interests and backgrounds being placed above the parent’s personal preferences.

Full custody, also known as sole custody, refers to a specific type of child custody arrangement in which only one parent or legal guardian is granted both physical and legal custody of the child.

Examples of important decisions that a parent with full legal custody over their child possesses include the right to:

• Make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational choices
• Make religious decisions regarding what religion to raise the child in, if any
• Make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of their child or represent their child in a lawsuit
• Make medical decisions for their child, such as whether or not their child should undergo invasive and noninvasive procedures
• Make decisions regarding the psychiatric treatment for their child

The parent with full custody is referred to as the custodial parent, and generally, they have the exclusive legal right to make decisions on behalf of their child. The custodial parent is also responsible for the child’s physical needs.

In general, most courts tend to favor joint custody arrangements, instead of full custody arrangements. When the two parents can agree on custody, or a court orders them to share decision-making and child-raising responsibilities, joint custody will be ordered.

Joint child custody arrangements ensure children have continued contact and involvement with both parents by allowing both parents to have almost equal possession and access to their child or children.

Although there is a general presumption in Pennsylvania family courts that a child should spend time with both parents, that presumption can be rebutted. For instance, there are some situations in which a court may determine that it is in a child’s best interest for one parent to have full or sole custody of a child or children.

What Are the Requirements for Full Custody?

In Pennsylvania, the full custody requirements are based on the best interests of the child standard, which considers:

• The Child’s Needs: The physical, emotional, and educational needs of the child
• Parental Ability: Each parent’s ability to meet the child’s needs is also considered
• Stability and Continuity: The need for stability and continuity in the child’s education, family life, and community life is another factor weighed by the court
• Parent-Child Relationship: The nature of the child’s relationship with each parent
• Parental Cooperation: Each parent’s willingness to cooperate with the other parent and encourage a relationship between the child and the other parent is also used as a factor to determine custodial rights
• History of Abuse: Any history of abuse or neglect by either parent is heavily considered when determining whether or not to award full custody

Specifically, the statute concerning the child’s best interest standard in Pennsylvania can be found in Title 23, Section 5328 of the Pennsylvania Consolidated Statutes. Once again, that section outlines the factors the court must consider when determining the best interests of the child in custody cases.

There are many different situations that may constitute valid grounds to award one parent full custody over a child, including when:

• The other parent is incapacitated, incarcerated, or otherwise unable to assist in raising the child and sharing custody rights
• The other parent has voluntarily forfeited their parental rights and responsibilities
• The non custodial parent has a documented history of spousal abuse, child abuse, domestic violence, or child neglect
• The noncustodial parent has a documented history of removing and secreting their shared child from the other parent
• The noncustodial parent has violated the existing child custody order to an extent where it is not in the child’s best interest to have continued contact with that parent

How Is Custody Determined?

In Pennsylvania, custody laws for unmarried parents are designed to ensure that both parents have the opportunity to be involved in their child’s life, provided it is in the child’s best interests. However, if paternity has not been established, then the father does not have any legal rights or obligations regarding the child.

In other words, he cannot seek custody or visitation, and he is not required to provide child support. In order to establish paternity, the father can sign a Voluntary Acknowledgement of Paternity (“VAP”) form or seek a court order for a paternity test.

Once paternity is established, the father will then gain legal rights and responsibilities for their child, including the right to seek custody and visitation, and open up an obligation to pay child support, if ordered by the court to do so.

Once again, custody decisions are always made based on the best interests of the child, considering factors such as the child’s needs, the parent’s ability to care for the child, and the child’s relationship with each parent, amongst the other factors discussed above.

Importantly, once paternity is established, both parents have equal rights to seek custody and visitation, regardless of their marital status. Further, both parents are responsible for financially supporting the child. In cases where one parent has more custodial rights than the other parent, child support may also be ordered by the court.

A local Pennsylvania attorney will be able to help guide you through Pennsylavania’s rules regarding obtaining custody over your child. They will also be able to help guide you through establishing paternity if paternity has yet to be established.

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

As can be seen, there are numerous factors involved in determining custody of a child in Pennsylvania. As such, if you are seeking custody of your child, whether it be joint or full, it is in your best interests to first consult with an experienced Pennsylvania child custody lawyer.

LegalMatch can assist you in setting up an initial legal consultation with a custody lawyer in your area. An experienced child custody attorney will be able to help you understand your state’s specific laws on child custody, including whether or not seeking full custody is appropriate, given your situation.

They can also help you attempt to reach an agreed custody order with the other parent and help draft such an order to present to the court. Should an agreed order not be possible, an attorney can also help you properly draft, file, and serve the other parent in a custody action. Finally, an attorney will also be able to represent you in court, as needed.