Pennsylvania Divorce Law...

Pennsylvania Law - Who Gets Custody?

The law in Pennsylvania neither favors nor discourages joint custody over sole custody.

Judges are instructed to consider the best interests of the children.

Factors the judge is instructed to consider include:

• The preference of the child.
• Which parent is more likely to encourage continuing contact and physical access between the noncustodial parent and the child.
• Past criminal convictions of the parent. In particular, if one parent murdered the other, the remaining parent will not be granted custody unless the child is of suitable age and requests it.

A judge may award joint custody even if neither party wants that situation.

However, the judge should consider whether a joint custody situation will work, given the attitudes of the parties.

Section 5303.

Cases:

Hill (1993) 619 A.2d 1086, 422 Pa.Super. 533 (shared custody will be inappropriate if the parties can not cooperate).

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