When a parent/guardian files for custody, the Pennsylvania court will take control of the situation at hand. They will determine who gets custody of the children. This determination will be based on what is best for the children and not what is best for the parents or what either parent wants, in realty the parents are letting someone else make the decisions regarding the child as far as who he/she lives with, who will make decisions for the welfare of the child, when the other parent can see the child and so on.

When they decide, I mean the decision is literally taking out of the parent’s hands. These decisions can be modified and the courts best wish is for both parents to be involved with the child as much as possible although under certain circumstances the court will give sole custody to only one parent/guardian.

The Pennsylvania court when determining who should be awarded custody of a child use these factors to base a decision on:

• - Which parent is more open and agreeable to the other parents frequent and continuing contact and physical access.
• - A parent’s history of violence.
• - History of criminal conduct.
• - Children’s preference
• - Any and all factors which legitimately impact a child’s physical, intellectual and emotional well-being.
• - Each parents living conditions.

These factors are set forward within and by Pennsylvania Consolidated Statutes DOMESTIC RELATIONS (TITLE 23) at 23 Pa.C.S.A. 5303In regards to Pennsylvania laws the court when awarding child will address Physical and legal custody, no they are not one and the same. A parent/guardian can be awarded one, but maybe not the other.

- When physical custody is awarded this means the child will be living with that parent either all or part of the time.

- Legal custody when awarded gives the parent the right to make decisions regarding the child’s health and well-being. These decisions include religious beliefs, medical decisions and educational choices and everyday decisions regarding the child’s interests and needs.

There are actually four types when dealing with Pennsylvania laws.

1. Physical as described above.
2. Legal as described above
3. Partial allows the parent that was awarded this custody the right to take possession of the child from the custodial parent.
4. Shared is an order that can award shared legal custody and/or shared physical custody to assure the child of continuing contact to both parents.

Visitation rights can be awarded to the parent who does not have custody; this gives rights to visit but no rights to remove the child.

Obviously a family split up is devastating to all involved, especially to the child. The perfect scenario in this situation is to do what is best for the children without regard to parent’s feelings, wants or needs. This is very hard to do when feelings of anger, resentment, rejection, loneliness and a feeling of hopelessness are involved.

Many times child custody must be handled by a third party such as state court to determine what is best for the child. Many times we cannot see past perceived personal feelings to not only do the right thing for our child but protect ourselves and allow ourselves to be in the best position possible.

It is during these times we need to know what to do, when to do it, and how to do it. Child custody situations can turn in a second from what is right and fair to dirty and nasty.