In pennsylvania your spouse can sign an acceptance of service voluntarily taking the papers from you but if you re fighting over custody he may not be willing to do this. Temporarily leaving the state such as going on vacation does not change anything there are certain exceptions to this rule.
Child custody in pennsylvania you must print each form and take it to the designated office in your county courthouse.
How to get full custody of child in pa. The pa child custody law is gender neutral meaning that there is no presumption that a mother or father will automatically be awarded custody. Joint custody a pennsylvania court will order joint custody of a child when it s in the best interests of the child and. The custody system is designed to help the parties reach an agreement regarding a custody schedule.
Parents seeking to win full custody of a child during a custody battle should be prepared for what may prove to be a challenging fight. Shared physical custody primary physical custody partial physical custody sole physical custody supervised physical custody shared legal custody and sole legal custody. The pennsylvania courts make several types of custody orders.
The process of obtaining primary custody of a child in pennsylvania will vary depending on the county in which the case is brought. The first step in commencing custody proceedings in any county is to file a complaint for custody. Pennsylvania statutes title 23 pa c s a section 5328 a factors to consider when awarding custody.
For child custody proceedings use the forms below. Because the pennsylvania family system is trifurcated custody actions may be brought on their own or as part of divorce or support actions. Before you initiate a custody action make sure you know the appropriate county court to bring this action.
If no agreement can be reached a decision on custody will not be made until the judge hears the case. Both parents request joint custody both parents have agreed to joint custody or at the court s discretion. Or you can ask a friend or a private process server to hand deliver the documents.
In ordering custody courts will determine the best interest of the child by considering all relevant factors. Generally you can file for custody in pennsylvania if your child has lived in pa for the last six months in a row. Full custody differs from joint custody in that a full custody arrangement grants legal and physical custody to one parent as opposed to both parents.
Your other choices are to mail him a copy by certified mail but he must sign the receipt. Factors of consideration in ordering custody. It is extremely important to understand that the pa child custody law act 112 of 2010 states that the court is to base child custody determinations on what is in the best interest of the child period.