Child Custody in Pittsburgh

Custody is the legal right to keep, control, guard, care for a child and includes the terms "legal custody", "physical custody", and "shared custody" ⁵. In order to fully understand child custody claims it is important to understand the different meanings for each type of custody.

Physical custody means actual physical possession and control of the child.

Legal custody means the legal right to make major decisions affecting the best interests of a minor child, including but not limited to, medical, religious, and educational decisions.

Partial custody means you have the right to take possession of the child away from the custodial parent for a certain period of time.

Shared custody is also commonly referred to as "joint physical custody" and means shared legal or shared physical custody or both of a child in such a way as to assure the child of frequent and continuing contact, including physical access, to both parents.

Visitation is the right to visit a child, but does not include the right to remove the child from the custodial parent's control.

In many cases the parties are able to agree on how custody should be divided. In those cases, once a custody arrangement is agreed upon, it is important to have the details of the arrangement put into writing and presented to the Court. The custody order is then filed with the Prothonotary and is enforceable by either party should one parent stop complying with the terms of the custody order.

There are cases where the parents inability to communicate with each other prevents them from being able to agree to any terms concerning child custody. In those instances it is necessary to file a Complaint for Custody with the Court in the county where the child has resided for the past six (6) months.

In Allegheny County the parties are required to attend an education seminar and a mediation session. The education seminar provides the parents with information concerning the custody process and encourages the parents to try to work together in order to lessen the negative impact custody litigations can have on the children. The mediation session is presided over by an officer of the court who tries to assist the parties in reaching an agreement and resolving their custody claims without the need for further litigation.

Please contact our firm immediately at 877-826-9659 so that we may discuss the options that are available to you.

⁵ 23 Pa.C.S.A.

5302 and Pa.R.C.P 1915.1(b)