Physical custody determines who the child lives with. There are four types of physical custody:
A custody order is a written order signed by a judge, determining who will care for a child and who gets to make important
decisions about the child. There are two types of custody: physical and legal custody. The person awarded custody is called the custodian or custodial parent.
A custody order sets clear terms for when each parent can see and have the child with them. If one of the parents does not stick to the terms of the order, the other parent can file a petition with the court asking to find the other party in contempt and to enforce the order. The police or sheriff’s office may also help enforce a custody order.
If no custody order exists, neither parent can keep the child away from the other parent. That means that if one parent takes the child out for the day and then will not return the child home, the police cannot force one parent to give the child to the other parent. A parent could only go down and file an emergency custody petition.
Parents who are having a hard time getting along and agreeing to things may benefit from getting a custody order.
When there is no custody order both parents basically have equal rights to the child and can, on there own, decide who the child is going to live with and when. When you have a custody order the court is involved in the life of your family. To change the terms of the order you may need to go back to court. Also, starting a custody action with the court sometimes gives the other parent an opportunity to get some custody or visitation when that parent has not been doing so on his/her own.
All parents, including teen parents, have the right to seek custody or visitation of their children. In Pennsylvania, however, a minor
cannot file for custody on his or her own. To file for custody a minor parent must file through an adult who is called a guardian.
The guardian must be over the age of 18, must accompany the minor party to all court proceedings, and must sign all court documents along with the minor parent. Even though the guardian files the custody petition it is still the minor who is seeking custody.
The guardian does not have to be a caretaker to or have legal rights as a parent or guardian to the minor parent filing for custody. The guardian can be a family friend or social worker.
The cost to file is $57, and filing an emergency petition is an additional $30. If you cannot afford the filing fee, you may ask for a fee waiver by filing a petition to proceed In Forma Pauperis (IFP). If you ask to waive the fee, you must show proof of income. If you are in foster care or are receiving welfare or SSI, bring proof of this.
Yes. Just because you are in DHS care does not mean that you
are not able to parent your own child. As long as you take care of your child, you have full parental rights. Your baby cannot be placed in foster care just because you are in care yourself. The
child welfare agency should provide you a placement where you
can be with your child. See Information for Teen Parents
Involved with DHS Fact Sheet to find out about your rights when DHS gets involved with your
relationship with you and your child.
A father retains full parental rights even if he is in care. That means that he can file and be awarded custody and/or visitation. The parents can also just agree on a custody and visitation arrangement.
Yes.
(In Philadelphia) You file for custody at the Intake Unit of Philadelphia Family Court, located at 34 S. 11th Street.
Staff at the intake unit will help you file the custody petition. Bring any important papers and information, such as previous custody orders, protection form abuse orders, the opposing party’s address, and social security numbers for all parties.
The minor parent should insist that their name be put on the petition as the plaintiff, or they should seek legal assistance.
If you live in Philadelphia, you can call Philadelphia Legal Assistance at 215-981-3800.
To prepare for a hearing, you need to get ready to present testimony, evidence and witnesses that help you show why the custody arrangement you are asking for is best for your child.
Testimony- each party may present their side and ask questions of the other party. Each party should prepare and bring a list of their main points and any questions that they may have for the other party.
Evidence- this includes school, medical records, photographs, or other important documents. Each party has the right to see everything that the other side wants to show the court. Two copies of all documents should be made—the judge or master gets the original, and both parties get a copy.
Witnesses- Parties may bring witnesses to testify on their behalf. A witness must present a subpoena to be admitted into the court. Court employees can direct parties to where subpoenas can be obtained. Upon entering the courthouse, the witness must show it to the security guard. Each party should prepare a list of questions to ask their own witnesses and the witnesses of the other party. A letter from a witness is usually not enough, the person must actually come to the hearing.
After a hearing is held, the judge or master decides the custody
arrangement based on the Best Interests Standard—what is best for the child’s physical, intellectual and emotional well-being.
Things that the court MUST consider when making a custody decision:
Things that the court may consider when making a custody decision:
(In Philadelphia) To change the custody order you go back to 34 S. 11th Street and ask to file a modification of the custody order. You can do this at any time. You will just need to show why circumstances have changed and why the custody order should be changed.
If you are now in the position to play a larger role in your child’s life, this is a good reason for filing a modification of the current custody order.
No. In Pennsylvania child support and custody are separate proceedings. You can file for child support at 34 S. 11th Street. This is the same court where you file for custody.
A grandparent may file for custody or visitation of their grandchildren only when they are able to show that they have been caring for the child for at least 12 months. In this circumstance, the grandparents can file for custody, but the judge still needs to decide what custody or visitation arrangement is in the child’s best interest.
Last updated: Summer 2007
