Custody actions may be brought by parents, grandparents, non-relatives, the State, or any combination thereof by filing an action for custody, and provided the person requesting custody has the legal right to do so. A party may be granted primary, partial, shared or sole physical custody of the children.
“Physical custody” describes where the child is physically, that is, where he or she lives. “Legal custody” is the right to make major decisions affecting the child, such as medical, educational or religious decisions. Shared custody is when both parents have custody of the child, although it does not necessarily mean that the parents have the child with him or her for exactly equal amounts of time. Sole custody is the award of both legal and physical custody to one party. This is very rarely granted. Visitation is the right to visit the child but does not entail permission to have physical custody of the child.
While many factors will be considered in making custody determinations, the paramount concern of the court is always the best interest of the child. In most western Pennsylvania counties, the courts require that the parties meet with a Conciliator or Hearing Officer before seeing a Judge so that the parties may attempt to reach an agreement. If the parties are unable to reach an agreement, they will likely be required to undergo custody evaluations with a psychologist, who will make a custody recommendation. If the parties are still unable to agree, a court may conduct a trial to award custody.