If There Is No Custody Agreement, Who Has Custody in PA?
In Pennsylvania, the legal term for custody is « legal and physical custody, » and it refers to the right to make major decisions about a child`s life and the right to have the child live with you. If there is no custody agreement in place, determining who has custody can be a complex process.
When there is no custody agreement, both parents have equal rights to the child. This means that either parent can make decisions regarding the child`s welfare, education, and healthcare. Additionally, both parents are considered to have an equal right to physical custody, which means that both parents have the right to spend time with the child.
If both parents cannot come to an agreement about custody, they may have to turn to the court system. The court will consider a number of factors when making a custody decision, including:
1. The child`s relationship with each parent
2. Each parent`s ability to care for the child
3. The child`s age, needs, and preferences (if they are old enough to express them)
4. The stability of each parent`s home environment
5. Any evidence of domestic abuse or substance abuse
Ultimately, the court`s decision will be based on what is in the best interests of the child. This means that the court will consider all of the above factors and make a decision that will promote the child`s well-being.
It is important to note that custody arrangements can be modified over time. If one parent`s circumstances change (such as a change in their job or living situation), the court may modify the custody arrangement to reflect the new circumstances.
In summary, if there is no custody agreement in place in Pennsylvania, both parents have equal rights to the child. If the parents cannot come to an agreement about custody, the court will consider a number of factors and make a decision based on what is in the best interests of the child. Custody arrangements can be modified over time based on changing circumstances.