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Types of Child Custody in Pennsylvania

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    Legal Custody

    • A person who has legal custody of a child has the right to make long-term decisions regarding the child's educational, religious and health care/medical plans. Additionally, the legal custodian also has the right to decide upon discipline issues and those matters that concern the child's overall welfare.

    Physical Custody

    • The physical custody of a child refers to the child's immediate needs. The physical custodian of a child under the age of 18 is responsible for the care of a child that lives with the custodian either full or part time.

    Sole Custody

    • Sole custody refers to situations in which both legal and physical custody are given to one parent/custodian. A child in this situation would have only one legal residence.

    Joint (Shared) Custody

    • Joint Custody can consist of three different types; Joint Legal Custody, Shared Physical Custody or a combination of these two types. Joint Legal custody refers to situations in which parents are mutually responsible for the care/control of a child, yet the child lives in one primary residence.

      Shared Physical Custody situations are those in which the child legally resides in two separate homes. Shared physical custody is designed to give a child routine and continuous contact with both parents in their physical environment.

      A third form of joint or shared custody is a combination of the two types above. For example a custody agreement could be designed in that the child has a primary residence and each parent lives there with the child on a rotating basis. These special arrangements can be ordered by a judge if one or both parents requests it and the court is in agreement that it best serves the child's interests

    Partial Custody and Visitation

    • In considering custody types, it is also important to remember that that rights of both parents--custodial and non-custodial--as well as the emotional and physical best interests of the child are considered.

      When a custodial parent has been chosen, the non-custodial parent may be granted partial custody. Partial custody defines when a non-custodial parent has the right to have the child live with him/her for a certain period of time.

      Another consideration is visitation. Visitation refers to the time that the non-custodial parent is permitted to spend with the child who is in the care and custody of the other parent. These agreements can in no way undermine the long-term decisions regarding the child's educational, religious and health care/medical plans of the custodial parent.

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