Pennsylvania Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Pennsylvania divorce
How custody is determined §23-5328
Courts determine custody based on the best interests of the child, considering all relevant statutory factors and giving substantial weighted consideration to those affecting the child's safety, including each parent's stability, involvement in the child's schooling and activities, history of domestic abuse, and the child's preference.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §23-4322
Pennsylvania uses an income-shares model to calculate child support.
- Based on combined net monthly income of both parents using Pennsylvania Support Guidelines
- Presumptive guideline amount; deviation requires written findings of special circumstances
- Health insurance and childcare costs are factored into the calculation
- Income can be withheld directly from the paying parent's employer §23-4348
The parenting plan
Most Pennsylvania courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce
Courts may issue interim orders for support, custody, exclusive possession of the marital home, and other relief while the divorce is pending. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Upon petition, a court may modify a custody order to serve the best interest of the child. §23-5338
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Related guides
- Based on combined net monthly income of both parents using Pennsylvania Support Guidelines
- Presumptive guideline amount; deviation requires written findings of special circumstances
- Health insurance and childcare costs are factored into the calculation