Nothing in the law matters more to a parent than time with a child. Pennsylvania custody law has one standard, the best interest of the child, and a long list of factors the court must weigh to decide it. Kevin Burke Law works with parents and other people in Northwestern Pennsylvania to help keep children safe and to make sure parents can see their children.

The kinds of custody

Pennsylvania law separates custody into two parts, and each can be shared or held by one person.

• Legal custody is the right to make major decisions for the child: medical, religious and educational. Most orders give parents shared legal custody.
• Physical custody is where the child actually lives and who is caring for the child. An order can give one parent primary physical custody (the majority of the time) and the other partial physical custody, or give both shared physical custody with significant time for each. Sole physical custody gives one person all of the time. Supervised physical custody means an agency or an adult chosen by the court is present during the visits.

A custody order spells out the regular schedule, holidays, vacations, exchanges, and how the parents will communicate.

Who can file for custody

• Parents. Pennsylvania law gives no preference to mothers or fathers. The decision is made without regard to gender.
• A person who has acted as a parent (the law calls it standing “in loco parentis”), such as a stepparent or relative who has raised the child.
• Grandparents and great-grandparents can ask for partial or supervised custody when a parent has died, when the parents have started a custody case and do not agree about the grandparents’ role, or when the child lived with the grandparent for at least 12 consecutive months and was then removed (the case must be filed within six months after the removal). A grandparent can ask for any form of custody, including primary custody, when the child is at risk because of a parent’s abuse, neglect, or drug or alcohol problems, or has been found dependent, and the grandparent is willing to take responsibility.
• Other relatives or adults can file for custody when neither parent has care and control of the child, and the person has taken responsibility for the child and has a sustained, substantial and sincere interest in the child’s welfare.

How the court decides: the best interest of the child

Pennsylvania judges must consider every relevant factor and give extra weight to the ones that affect the child’s safety. The factors written into the law include:

• Which party is more likely to keep the child safe
• Any present or past abuse by a party or someone in the household, and whether there is a continued risk of harm
• Any history with children and youth agencies
• Violent or assaultive behavior by a party
• Which party is more likely to encourage frequent and continuing contact between the child and the other party
• The parental duties each party has performed
• The child’s need for stability in education, family life and community life
• The availability of extended family
• The child’s relationships with siblings
• The child’s own well-reasoned preference, weighed by the child’s maturity and judgment
• Attempts by one party to turn the child against the other
• Which party is more likely to maintain a loving, stable and nurturing relationship with the child
• Which party is more likely to attend to the child’s daily physical, emotional, developmental, educational and special needs
• How far apart the parties live
• Each party’s availability to care for the child or to arrange care
• The level of conflict between the parties and their willingness to cooperate
• Any history of drug or alcohol abuse by a party or household member
• The mental and physical condition of a party or household member

There is no age at which a child gets to decide. The child’s preference is one factor, and it carries more weight as the child gets older and shows good reasons for it.

The court also has to consider whether a party, or someone living with a party, has been convicted of or charged with certain crimes, including violent and sexual offenses, and whether that person poses a threat of harm to the child.

How a custody case works

1. The complaint. A custody case is filed in the Court of Common Pleas, normally in the county where the child has lived for the past six months. It can be filed with or without a divorce, and parents who were never married use the same process.
2. The conference. Most Pennsylvania counties send the case first to a custody conference or mediation with a court officer, and many require both parents to complete a short parent education program. Many cases settle at this stage, and an agreement becomes a court order that can be enforced.
3. Temporary orders. The court can enter an interim order while the case is pending, and can act quickly when a child is in danger.
4. The hearing. If the parties cannot agree, a judge hears testimony and evidence, applies the factors above, and writes an order. The judge is required to explain the reasons for the decision.

The exact steps vary from county to county.

Changing an order

A custody order is never truly final. Either party can ask the court to modify it at any time, and the court will change it if the change serves the child’s best interest. Orders are commonly modified as children get older, as parents’ work schedules change, or when one parent stops following the order.

Enforcing an order

A party who willfully violates a custody order can be held in contempt. The court can order up to six months in jail, a fine of up to $500, up to six months of probation, suspension of a driver’s license, and payment of the other side’s attorney fees and costs. The usual remedy for a parent who is being denied time is a petition for contempt, often filed together with a petition to modify.

Moving with a child

A parent who wants to move in a way that would significantly affect the other parent’s time cannot simply go. The law requires written notice by certified mail to everyone with custody rights, normally at least 60 days before the move, with details of the new home, the reasons, and a proposed new schedule. The other party then has 30 days to object. If no objection is filed, the law presumes consent; if one is filed, the court holds a hearing and decides whether the move is in the child’s best interest. A parent who moves without giving notice can be ordered to bring the child back and faces other consequences.

Children and Youth Services

When a county children and youth agency opens a case about abuse or neglect, that case is handled in a separate “dependency” court under different rules, and the court can place a child with a relative or in foster care. A dependency case affects what a custody court can do. Grandparents and relatives caring for a child in these situations have specific rights under Pennsylvania law.

What you will need

Contact us and we can help you gather this information:

• Ages of all children
• Any documentation you want the court to see, such as conversations and pictures
• Any documentation from Children’s Services, school records and mental health records

How our office helps

We work with parents and other people to help keep children safe and to assure that parents can see their children. Attorney Burke personally represents you at every court appearance and works with you through the end of your case.

• New custody cases for married, divorcing and never-married parents, including paternity when it is in question.
• Agreed custody orders that put a schedule you have worked out into an enforceable order.
• Emergency and special relief petitions when a child is in danger or has been taken.
• Modifications when schedules, needs or circumstances change.
• Contempt and enforcement when the other parent is not following the order.
• Relocation notices, objections and hearings, for the parent who wants to move and the parent who objects.
• Grandparents, stepparents and other relatives seeking custody or partial custody.
• Custody provisions in Protection From Abuse cases. See our Protection From Abuse page.
• Child support, which is set separately through the Domestic Relations Section.

We serve Crawford, Elk, Erie, Forest, Lawrence, McKean, Mercer, Potter, Venango and Warren counties.

Common Questions

What is the difference between legal custody and physical custody?
Legal custody is the right to make the major decisions about the child’s medical care, religion and education. Physical custody is where the child lives and who is caring for the child day to day. Each can be shared or given to one person, and most orders share legal custody even when one parent has primary physical custody.

Do mothers get preference in Pennsylvania?
No. The law says no party gets a preference based on gender. The decision is based on the best-interest factors, and fathers and mothers are judged by the same standard.

At what age can my child decide where to live?
There is no such age in Pennsylvania. The child’s preference is one of the factors, and the court weighs it by the child’s maturity and the reasons behind it. A teenager’s well-reasoned preference carries real weight; a young child’s carries less. A child never gets the final say.

Can grandparents get custody or visitation?
Yes, in defined situations. Grandparents can ask for partial custody when a parent has died, when the parents are in a custody case and disagree about the grandparents’ role, or when the child lived with the grandparent for 12 months and was taken away. Grandparents can ask for full custody when the child is at risk or has been found dependent and the grandparent is willing to take responsibility.

The other parent is not following our order. What can I do?
File a petition for contempt. A parent who willfully violates a custody order can be jailed for up to six months, fined up to $500, placed on probation, lose a driver’s license, and be ordered to pay your attorney fees. Keep a written record of every missed exchange and every refusal.

Can I move with my child?
Not without following the relocation law if the move would significantly affect the other parent’s time. You must send notice by certified mail at least 60 days ahead, with the new address, the reasons and a proposed schedule. The other parent has 30 days to object. If they object, the court decides.

Can a custody order be changed?
Yes, at any time, by petition. The court modifies an order when the change serves the child’s best interest. Changes in work schedules, a child’s needs, or one parent’s conduct are common reasons.

We agree on a schedule. Do we still need a court order?
An agreement you both sign can be entered as a court order, and that is what makes it enforceable. Without an order there is nothing for the court to enforce if one of you changes your mind.

Children and Youth Services is involved with my family. Is that the same case?
No. A children and youth case is a separate dependency case in a different court with different rules, and it can limit what a custody court does. The two cases often run at the same time.

Do I have to go to court?
Usually at least once. Most counties start with a conference or mediation, and many cases are settled there and turned into an order without a trial. If you cannot agree, a judge holds a hearing.

Call for a consultation

Call 814-807-0972 or use the contact form. The consultation fee is $50. If a child is in danger right now, call your local Child Protective Services agency, and then call us once the child is safe from immediate danger.

This page is general information as of 2026, not legal advice about your situation.