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Child Custody in Pennsylvania


Joint Physical Custody is when both parents have certain periods physical custody of the child (i.e. mother has custody of child Monday through Thursday and father has custody Friday through Sunday, resulting in child living in two different households during the week). Sole Physical Custody means that one parent is has primary custody of the child. The child resides with that parent, is under their care and authority, and only has contact with their other parent with the court's permission of visitation from that opposite parent (familyrelationslaw.com). More often than not, the court will order supervised visitation only when the party has been a known danger to the child in the past. Dangers to a child can include molestation, variations of abuse, and the neglect of the child. Such visitation can be supervised by a relative, a friend, and sometimes, in very serious situations, may be supervised by a county agency.
             In cases of involuntary termination of parental rights, birth parents lose their rights of having custody of their children who are minors, which pertains to children and teens in the foster care system. In Southwestern Pennsylvania, once the court issues a decree of termination, birth parents forfeit the power or the right to or receive any notice of adoption proceedings (usually results in a closed adoption) (splas.org). According to Pennsylvania State Legislation, Title 23 of Domestic Relations, the decree of termination will award custody of the child to the agency or the person consenting to accept custody (under 23 Pa.C.S.A. Section 2501 relating to relinquishment to agency) or section 2502 (relating to relinquishment to adult intending to adopt child) or the petitioner in the case of a proceeding under section 2512 (relating to petition for involuntary termination) (Domestic Relations, Title 23, 2014). Section 2521 of Title 23 states that an agency or person receiving custody of a child is required by the state to stand in loco parentis (in place of the parent) to the child.


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