How to Obtain Custody of a Child in Philadelphia

There are different types of child custody in Pennsylvania. Physical custody refers to having physical possession of the child, whereas legal custody refers to being in control of making major decisions for the child, including medical, educational and religious decisions. There are also different levels of custody, including sole custody, which means that one person has physical custody, and shared custody, which means that both parents share physical custody and decision-making responsibilities.

Instructions

1. File a custody complaint in the county in Pennsylvania where your child has lived for the past six months. Pennsylvania residency laws require the six-month period of habitation unless the child is under six months of age and has lived in Pennsylvania since birth.

2. Attend the separation seminar and mediation necessary in most counties in Pennsylvania. These are informative meetings that explain the court process of a custody hearing and the impact custody disagreements have on the children involved.

3. Provide reasons why you believe you should have custody of the child. Neglect, abuse, drug or alcohol abuse and a lack of the financial wherewithal to support a child on the part of the other parent are valid reasons to file for sole custody. You must prove that you can provide what the child needs.

Tips & Warnings

• Pennsylvania protects the rights and interests of the children first and foremost. If the parents cannot come to an agreement about the welfare of the children, the court will intervene to make the best decision.

• Child custody arrangements can be modified if the situation changes.

• Parents should work together to come to an agreement that is in the best interests of the child.

References

• Women's Law: Custody
• Divorce Net: Pennsylvania Child Custody Laws and Grandparents' Rights

Resources

• Warren-Forest Court of Common Pleas: Child Custody Forms
• The Unified Judicial System of Pennsylvania