Craig Zotter & Associates

CHILD CUSTODY

The issue of child custody is often the most upsetting and difficult issue to resolve between parents.  At stake is the parent's relationship with their childlren, which is often at risk in the custody process.

Custody in Pennsylvania involves two significant components.  Physical custody is the actual physical posession and control of a child.  It refers to where the child is physically present.  Legal Custody will determine which parent makes the major decisions about the child's education, medical care, and more.  Generally, both parents share legal custody so that they both have a say in these major decisions.  If parents are unable to agree on a major decision, such as school choice, then the court will decide which parent will make the decision. 

When determining both physical and legal custody the court generally takes the best interest of the child into consideration.  Factors used to determine the best interest of the child include:

  • Parental duties performed by each parent on behalf of the child
  • The child's sibling relationships
  • Stability in child's education and family life
  • Which parent fosters a better relationship between parent and child
  • Availability of extended family.....and more

    • Legal custody is the right to make major decisions about the child, which typically include educational, religious, and medical decisions. Legal custody can be sole (given to one parent alone) or shared.