Custody
When a child is born, both biological parents have parental rights and responsibilities which means they can see and spend time with their child and make decisions about the child’s life. Custody is the legal term for which adults have control over a child’s life and there are two types: Legal Custody and Physical Custody.
- Legal Custody means having the ability to make important decisions for the child about things like their health and education.
- Physical Custody means having control over when and where your child will be with each parent or family member.
A custody order by the Family Court can change those custody rights. For example, a custody order can limit or increase how much time a parent can spend with their child, or it can give rights to someone who is not a parent, such as a grandparent, if they meet standing requirements.
If you or your child is experiencing violence at home, getting custody can help you separate from an abuser. You might also consider a Protection from Abuse Order. If you feel you are in immediate danger, please call 911.
Philadelphia Legal Assistance helps families with custody cases in Philadelphia Family Court. We help parents and family members prepare to represent themselves through information, legal advice, drafting pleadings, preparation for court, and self-help materials.
Due to limited resources, most of our clients are assisted by paralegals, and we provide attorney representation based on our capacity.
Child Custody in Philadelphia
Everything you need to know about child custody in Philadelphia.
Custody and Visitation Guide for Self-Represented Survivors
If you’re a domestic violence survivor with children and don’t have a lawyer, this guide can help you decide whether a divorce or custody case can help you.
Understanding "The Best Interests of a Child"
The goal of custody trials in Family Court is to create a parenting plan, called a “custody order,” that ensures the “best interests of the child.”
Under Pennsylvania custody law, there are sixteen factors that the Court must consider when deciding the “best interests of the child.”
Consider Mediation
Custody mediation is an informal voluntary process where you – the parents or primary caregivers- talk together with a trained mediator to make decisions about caring for your children and parenting schedules.
Relocation
If you have a child and you plan to move, you may need to get the Family Court's permission first. Relocation is a very complicated situation, so PLA urges you to get legal help if possible well in advance of your planned move.
Custody for Immigrant Families
Immigrant families and mixed status families may face additional challenges in planning for custody of their children or accessing the courts.