GENERAL INFORMATION

A. Introduction

  1. 1. This packet of information has been created by members of the Adams County Bar Association. These materials are intended to assist individuals involved in a custody action by providing general information and legal forms. IT IS HIGHLY RECOMMENDED THAT YOU HIRE AN ATTORNEY TO REPRESENT YOU IN ANY CUSTODY ACTION. The information provided herein is not legal advice and is not to be used as a substitute for professional legal advice.

B. Legal Definitions

  1. Custody means the legal right to keep, control, guard, care for and preserve a child and includes the terms “legal custody,” “physical custody,” and “shared custody.”
  2. Legal Custody is the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.
  3. Sole Legal Custody: The right of one individual to exclusive legal custody of the child.
  4. Shared Legal Custody: The right of more than one individual to legal custody of the child.
  5. Physical Custody is the actual physical possession and control of a child. When a person has physical custody of the children, regardless if they have legal custody, they can make decisions regarding the child's health in an emergency situation. There are different types of physical custody schedules, including:
  6. Primary Physical Custody: The right to assume physical custody of the child for the majority of the time. Child(ren) live with one party for the majority of the time.
  7. Shared Physical Custody: The right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child. Child(ren) live with each party for an equal or substantially equal amount of time.
  8. Partial Physical Custody: The right to assume physical custody of the child for less than a majority of the time. Child(ren) live with one party some of the time but not the majority of the time. A common example is when one party has the children every other weekend from Friday to Sunday, and occasionally one day during the week that they do not receive the child(ren) on the weekend.
  9. Sole Physical Custody: The right of one individual to exclusive physical custody of the child.
  10. [Visitation]: Pennsylvania no longer uses the term Visitation. Partial Physical Custody, defined above, is equivalent to Visitation as defined in some states.

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