Visitation: Pennsylvania no longer uses the term Visitation. Partial Physical Custody, defined above, is equivalent to Visitation as defined in some states.
Non-Professional Supervised Physical Custody: Custodial time during which an adult, designated by the court or agreed upon by the parties, monitors the interaction between the child and the individual with those rights.
Professional Supervised Custody: Custodial time during which a professional, with education and training on the dynamics of domestic violence, sexual assault, child abuse, trauma and the impact of domestic violence on children, oversees the interaction between the child and the individual with those custody rights and promotes the safety of the child during the interaction.
Household Member: A spouse or an individual who has been a spouse, an individual living as a spouse or who lived as a spouse, a parent or child, another individual related by consanguinity or affinity, a current or former sexual or intimate partner, an individual who shares biological parenthood or any other person, who is currently sharing a household with the child or a party.
Relocation: A change in a residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights.
Further information about the preceding legal definitions and about custody law may be found in the statutes that govern custody, Title 23 Pa. Consolidated Statutes Sections 5321 to 5340 (23 Pa.C.S. §§ 5321 – 40), and in the Pennsylvania Rules of Civil Procedure, Pa.R.C.P. 1915.1 – 1915.25.
C. Custody Factors – 23 Pa. C.S. Section 5328.
In ordering any form of custody, the Court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child, including:
Which party is more likely to ensure the safety of the child.
The present and past abuse committed by a party or member of the party's household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
Violent or assaultive behavior committed by a party.
Which party is more likely to encourage and permit frequent and continuing contact between the child and another party if contact is consistent with the safety needs of the child.
The parental duties performed by each party on behalf of the child.
The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party.