- On Behalf of Topinka Law
- Child Custody
When parents separate or divorce, custody questions often become the center of difficult conversations. You may have heard someone say they want “full custody” of their child, or perhaps you’ve wondered if pursuing full custody is the right choice for your family. Understanding what this term actually means under Pennsylvania child custody laws can help you make better decisions for your child’s future.
Is “Full Custody” a Legal Term in Pennsylvania?
The phrase “full custody” appears frequently in everyday conversations, but Pennsylvania family law doesn’t use this term. Instead, the courts have precise legal definitions for different types of custody arrangements. Some people who say they want full custody might mean that they want complete decision-making authority. Others simply want their child to live with them most of the time.
Pennsylvania law distinguishes between two main types of custody that work together to define parental rights and responsibilities.
What Is Legal Custody?
Legal custody is a parent’s right to make important decisions about their child’s upbringing and to receive information about their child’s welfare. These major decisions include choosing where your child attends school, determining what medical treatments they receive, deciding on religious upbringing, and granting permission for significant activities like getting a driver’s permit or work papers.
Parents can have either sole legal custody or shared legal custody. When one parent has sole legal custody, that parent makes all major decisions without input from the other parent. When parents share legal custody, they must consult with each other and work together to make these important choices about their child’s life.
What Is Physical Custody?
Physical custody determines where your child actually lives on a day-to-day basis. Pennsylvania recognizes several forms of physical custody:
- Sole physical custody: The child lives with one parent and has minimal or no contact with the other parent.
- Shared physical custody: The child spends equal or nearly equal time living with each parent.
- Primary physical custody: The child lives with one parent most of the time, spending less time with the other parent.
- Partial physical custody: The parent has the child for less than a majority of the time.
Many parents who say they want “full custody” mean they want primary physical custody, where their child lives with them most of the time while still spending regular periods, such as alternating weekends, with the other parent.
When Might a Parent Have Sole Custody?
Sole custody arrangements do not happen very often in Pennsylvania. Courts strongly favor arrangements that let children maintain meaningful relationships with both parents.
That being said, some exceptional circumstances may lead a court to grant one parent sole custody. These situations typically involve concerns about the other parent’s ability to provide a safe environment. A parent might receive sole custody when the other parent:
- Faces incarceration
- Struggles with substance abuse issues
- Has a documented history of physical or sexual abuse
- Poses a risk of violence to the child
In other cases, parents might agree that sole custody serves their child’s best interests. The court will generally honor that agreement if it meets legal requirements.
Even when one parent has sole custody, the court may still allow the other parent supervised contact with the child through an approved agency or trusted adult.
What Matters Most in Pennsylvania Custody Decisions?
Pennsylvania courts make every custody decision based on what serves the child’s best interests. Judges carefully examine each parent’s ability to provide a loving, stable environment and to support the child’s relationship with the other parent. The court considers numerous factors, including each parent’s mental and physical health, living situation, work schedule, and commitment to meeting the child’s needs.
Contact an Experienced Family Law Attorney Today
The team at Topinka Law is here to listen to your concerns and help you reach a custody arrangement that truly serves your child’s needs. We recognize that this is a challenging time, and we will work with you to develop a clear strategy that both protects your parental rights and prioritizes your child’s well-being. Contact our law firm today for a confidential consultation with a family law lawyer.