The Joint Custody Laws in Pennsylvania for an Infant

Joint custody of an infant, in Pennsylvania, is determined under guidelines of the Best Interests of the Child Standard.

In Pennsylvania, joint custody of an infant is determined based on several factors under the state's Best Interests of the Child Standard. Under this standard, family courts examine the lifestyles and abilities of each parent to provide sound child care to determine custody, most notably if parents are in disagreement. Joint custody, according to Pennsylvania law, is also sometimes broken-down into sub-categories to determine a reasonable custody situation that is best for an infant.

What is Joint Custody?

Joint custody can be generally defined as a custody arrangement where parents share equally in the upbringing of their child. While physical residency of an infant may or may not be in one home, parents who have joint custody have equal say in medical decisions, child care and religious affiliation (baptism, dedication, future training). In Pennsylvania, joint custody is separated into three categories: joint legal custody, shared physical custody or a combination of the two.

Shared Physical Custody

Under an order of shared physical custody, an infant would have two residences. To be awarded this type of agreement through the courts, parents must show that an infant resides, or will reside, with one parent at least 35 percent of the time. Both parents have equal say in upbringing decisions under a shared physical joint custody agreement.

Joint Legal Custody

Joint legal custody is a legal agreement similar to shared physical custody. Under a joint legal custody agreement, both parents live with their infant at one residence on a rotating basis or one parent simply maintains a separate residence with an open door policy for the child. Like joint legal custody, both parents have equal rights in the child's upbringing decisions. Child support can be agreed upon out-of-court or handled through the system.

Best Interests of the Child Standard

If parents cannot agree to a joint custody situation, the courts will determine custody for them based on what it deems the best situation under the Best Interest of the Child Standard. Working off this law, courts will examine both parents in terms of their ability to provide for their child. Factors such as financial stability, ability to provide emergency care, adequate dietary needs and living conditions are often considered by the courts in determining a suitable joint custody order. Parents may also be subject to personality and lifestyle inquiries to determine if each is emotionally and psychologically capable of equally caring for their baby.

References

• Divorce Law Info: Pennsylvania Child Custody and Visitation

Resources

• Berman & Abel, LLP: Child Custody and Visitation Information