Custody Resources

Types of Custody

There are two types of custody: legal custody and physical custody.

Legal custody

Legal custody is the ability to make important decisions on behalf of a child. These decisions could be related to things like school or healthcare. In a custody case, the court will award the parties involved with either sole legal custody or shared legal custody.

Physical custody

Physical custody is the right to have the child live with or be with you. The court can award different types of physical custody:

• Sole physical custody is when one parent has physical custody of the child all the time. This is very rare in Pennsylvania.
• Primary physical custody is when the child lives with one parent most of the time. Generally, if a parent is awarded primary physical custody, the other parent may get partial or supervised custody.
• Shared physical custody is when the child spends about the same amount of time with each parent.
• Partial physical custody is when the child spends less than half of the time with a parent.
• Supervised physical custody is when a third party is required to be present for all visits between the parent and the child.

Filing for custody

If you have never filed for custody before and need help starting a custody case, please download our Instructional Custody Packet, which includes general instructions and the forms you will need to file. Please note, a custody case must be filed in the county where the child has lived for the last six months (or since the child’s birth).

Modifying custody arrangements

You can try to change a custody order by filing one of three types of petitions:

• If you feel the current custody order isn’t in the best interest of the child, you can file a Petition to Modify Custody.
• If the other parent isn’t following the current custody order, you can file a Petition for Civil Contempt of a Custody Order.
• If you feel the child is in immediate risk of significant physical or emotional harm, you can file a Petition for Special Relief.

File all of these petitions in the county where the current order was issued.

Filing fees

There is generally a fee when filing custody paperwork. Every county has different filing fees, so check with your local courthouse to learn more. If you can’t pay the fee, you can ask the court to waive it by filling out a Petition to Proceed in Forma Pauperis. File the completed form with the Prothonotary, and a judge will make a decision about your request.

For more information or guidance about custody, contact one of our attorneys.

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