How is custody handled upon separation?

If the spouses have children, a custody agreement should be worked out during the divorce in order to decide who will take care of the children. Decisions must be made regarding who should have legal custody and who should have physical custody of the children. Legal custody in Pennsylvania is the right to make major decisions affecting the children, including medical, religious, and educational decisions. Typically, parents share legal custody so both parents are involved in the important decisions for the children.

Physical custody in Pennsylvania is the right to have the children in your physical care. Primary physical custody gives one party the right to have possession of the children the majority of the time. Shared physical custody gives the parties the right to have frequent contact with the children based on an agreed-upon schedule or a schedule determined by the Court. Typically, parties share physical custody of the children.

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