Defining the Different Types of Child Custody in Pennsylvania

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Many clients that I meet tell me that they are seeking “full custody” of their children. “Full custody” is not a legal term that is used in Pennsylvania, so it is important for clients to understand the different types of custody so that we can develop a legal strategy that is best for their family.

There are two components of custody in Pennsylvania: physical custody and legal custody.

Legal Custody means the right to make major decisions on behalf of the children, including, but not limited to, medical, religious, and educational decisions. There are two standard legal custody options:

• Shared legal custody – means that more than one individual (usually both parents) have the authority to make major decisions for the children; and
• Sole legal custody – means that one individual (usually one of the parents) has the exclusive authority to make the major decisions for the children.

Physical Custody means the actual physical possession and control of the children. There are several different physical custody arrangements under Pennsylvania law that parents can have:

• Primary Physical Custody means the right to assume physical custody of the children for the majority of the time. When a client says they want “full custody” of their children, this is what they are usually talking about.
• Partial Physical Custody means the right to assume physical custody of the children for less than a majority of the time. When one parent has primary physical custody, the other parent usually has partial physical custody.
• Shared Physical Custody means the right of more than one parent to assume physical custody of the children, each having significant periods of physical custody with the children.
• Sole Physical Custody means the right of one parent to have exclusive physical custody of the children.
• Supervised Physical Custody means the custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the children and the parent who has supervised custody. This form of custody is often used when a parent has a criminal or other history that may impact their ability to safely parent their children.

If you find yourself in need of an attorney to advise you on custody, contact one of our family law attorneys to discuss how to handle your custody matter.