Pennsylvania recognizes two types of custody of minor children: legal custody and physical custody.

Legal custody is the right to make major decisions concerning the health, education and welfare of the child.  Shared legal custody, which is by far the norm in Pennsylvania, means that both parties share that legal right.  Because there are only two parents, deadlocks can occur.  Both parents must agree if there is to be a change in schools, the child is to be seen by a new doctor or mental health provider, the child needs elective surgery.  When parties cannot agree the courts are left to decide whether the proposed change is reasonable or the opposition to the change is reasonable.  In those rare instances when one parent is constantly objecting to reasonable requests involving a child’s health, education or general welfare, or is constantly ignoring the other parent’s shared legal custody rights, the courts may award sole legal custody to the other parent.

Sole legal custody is very difficult to obtain in Pennsylvania but when it is awarded to one parent, that parent then has the sole authority to make schooling, religious, and physical and mental health decisions for the child.  Remember that legal custody, whether shared or sole, has nothing to do with physical custody.

Physical custody, as the term implies, is the right to have physical control over the child; essentially, to decide what the child does and where the child sleeps.  Again, the norm is shared physical custody.  This does not necessarily mean equally shared.  Parents can share physical custody on any schedule upon which they can agree.  This may mean that dad has the kids on alternate weekends from Friday night to Sunday morning and every Wednesday night overnight and mom has the kids the rest of the time or any other schedule the parties agree upon or the court orders.  Equally shared custody is when the parties each have the kids close to 50% of the time.  Pennsylvania uses overnights to determine this.  If mom and dad each have 7 overnights in a 14-day period then they equally share physical custody.  The most common types of equal physical custody are week-on/week-off with the non-custodial parent typically having one overnight during the other parent’s week; or a schedule where one parent has every Monday and Tuesday night, the other parent has every Wednesday and Thursday night, and the parties alternate 3-day weekends.  This is sometimes referred to as a 5-2-2-5 schedule because in 14-day period each parent has 5 days on , 2 days off, 2 days on, and 5 days off.  Custody is determined by a custody agreement or by a custody law suit.