The Pennsylvania custody laws are found in Title 23 of the Pennsylvania Consolidated Statutes. These are the laws that guide the custody proceedings from the moment the parents separate to the final custody order. It is very important that parents learn these laws so that they can end up with a positive custody situation.
A Pennsylvania parenting plan should be in the best interest of the child. Part 5 of Title 23 in the Statutes requires that all decisions made about child custody must be done to promote the best welfare of the child. This is especially true in a Pennsylvania custody agreement. Everything in the plan and agreement should benefit and provide for the child.
The court has a list of factors to consider when determining if a Pennsylvania custody schedule or plan is in the best interest of the child. These factors include: the character of the parents, the current living situation of the child, the parenting abilities, if the parents allow the child to have access to the other parents, and if there has been any history of abuse or violence. The court will think about these factors when analyzing a Pennsylvania visitation schedule to see if the schedule is helping the child. For example, it is unlikely that the court will approve a plan where a parent suggests that no time is given to the other parent. This isn’t in the child’s best interest and reflects poorly on the parenting abilities.
The Pennsylvania court is given authority to have the final say in custody matters. Parents who are able to agree on a plan and schedule can submit it to the court to be accepted. Parents who are not able to agree must each present a case to the court. A judge will determine what is best for the child, and that decision will be the custody order. The mother and father must follow the custody order or they can be held in contempt of court.