Custody

Custody

Image with a familyMission

Provide families and children with a consistent, accessible, and coordinated means of resolving legal and physical custody issues in a fair, efficient, and effective manner. 

Resources

Custody Complaints and Petitions for Modification of Custody are scheduled for a conciliation conference Complaint or Petition.  If the parties don't come to an agreement at conciliation, a recommended order may be done.  Either side may file exceptions to a recommended order within 20 days.  Please file a proposed pre-trial order with your exceptions so the Judge can schedule a Pre-Trial Conference.  At the Pre-Trial Conference the assigned Judge may try to settle the case.  If no settlement occurs, the parties will discuss witnesses, exhibits and the time needed for a Custody Trial so a trial date can be set.  If exceptions are filed and the case is going to trial, the recommended order will not be entered. If no exceptions are filed, the recommended order will be made into a Final Order after the 20 days has expired.

You are strongly encouraged to consult with an attorney to understand your rights and responsibilities under the law. If you do not have an attorney, but want help finding one, please contact the BERKS COUNTY BAR ASSOCIATION located at 544-546 Court Street, Reading PA 19603, phone: (610) 375-4591 for Lawyer Referral, and let them that this is for custody.

Custody Definitions

An unemancipated individual under 18 years of age. 23 Pa. C.S.A. § 5322 (2011)
A judgment, decree or other order of a court providing for legal custody or physical custody with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual. 23 Pa. C.S.A. § 5402 (2004)
A proceeding in which legal custody or physical custody with respect to a child is one of several issues. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency or emancipation. 23 Pa. C.S.A. § 5402 (2004)
An entity authorized under the law of a state to establish, enforce, or modify a child custody determination. 23 Pa. C.S.A. § 5402 (2004)
The legal right to keep, control, guard, care for and preserve a child and includes the terms “legal custody,” “physical custody,” and “shared custody”. Pa. R.C.P. 1915.1 (2008)
The county in which the child immediately preceding the time involved lived with the child’s parents, a parent, or a person acting as a parent, or in an institution, for at least six consecutive months, and in the case of a child less than six months old, the county in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child from the physical custody of the parent, institution, or person acting as parent shall not affect the six-month or other period. Pa. R.C.P. 1915.1 (2008)
The state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child six months of age or younger, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is a part of the period. 23 Pa. C.S.A. § 5402 (2004)
The right to make major decisions on behalf of the child, including, but not limited to, medical, religious, and educational decisions. 23 Pa. C.S.A. § 5322 (2011)
A child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. Pa. C.S.A. § 5402 (2004)
Includes meeting the physical, emotional and social needs of the child. 23 Pa. C.S.A. § 5322 (2011)
The right to assume physical custody of the child for less than a majority of the time. 23 Pa C.S.A. § 5322 (2011)
The actual physical possession and control of a child. 23 Pa. C.S.A. § 5322 (2011)
The right to assume physical custody of the child for a majority of time. 23 Pa. C.S.A. § 5322 (2011)
A change in a residence of the child which significantly impairs the ability of a nonrelocating party to exercise custodial rights. 23 Pa. C.S.A. § 5322 (2011)
The right of more than one individual to legal custody of the child. 23 Pa. C.S.A. § 5322 (2011)
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. 23 Pa. C.S.A. § 5322 (2011)
The right of one individual to exclusive legal custody of the child. 23 Pa. C.S.A. § 5322 (2011)
The right of one individual to exclusive physical custody of the child. 23 Pa. C.S.A. § 5322 (2011)
Custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights. 23 Pa. C.S.A. § 5322 (2011)

Self Help

Custody and Divorce is civil litigation and is a very serious matter. It is highly recommended that you hire a Lawyer to represent you in any custody or divorce action.  We have some self help forms available if you choose to represent yourself.