Pennsylvania Child Custody Attorney

Last updated on July 31, 2025

Ending a relationship can be a serious life change for all involved. Perhaps those most significantly impacted are the children. Child custody decisions can be stressful and complex, given parental care issues, work schedules and child care responsibilities, including medical needs, education, spiritual guidance and after-school activities.

Be assured that your child’s best interest always comes first. The team of child custody attorneys at O'Donnell, Weiss & Mattei, P.C., will provide you with both gentle guidance and solid legal expertise. We offer ongoing counseling for parents who were never married, are separated, are in the divorce process or are divorced. Together, we will arrange for custody terms that are best for your child’s long-term happiness, security and healthy emotional development.

Common Child Custody Issues

Every child custody situation has its own unique set of circumstances. Due to life changes for both parents and children, it is not uncommon for child custody disputes to occur numerous times until the children reach the age of 18. OWM Law can guide you through child custody and visitation and modification issues, involving:

• Divorce and child custody: It’s important to understand your rights and options as a parent throughout your child’s development. The life situations and needs of people tend to change throughout time.
• Custody and parenting plans for parents who were never married and for nonbiological parents: The law is complex for couples who were never married or when paternity was not established at birth.
• Relocation issues: Parents need to understand how moving out of state or out of the country will affect their child’s custody and parenting plans.
• Child custody and death: Understand what happens when one parent becomes terminally ill or dies.
• Child custody rights for minors: Once a child is old enough to express a preference, this can affect a custody arrangement.
• Child support obligations and ramifications of nonpayment: There are events that can affect a parent’s ability to pay the agreed-upon or court-determined child support. If a major life change happens, a modification may be in order. If a parent fails to pay and does not make arrangements or an official modification, there are consequences.
• Grandparent custody and visitation: When the parenting dynamic changes, it can affect the time children spend with their grandparents. The death of a parent or the grandparents’ strong bond with their grandchildren can also affect their rights to partial custody.

Five Factors That May Influence Child Custody Decisions

It is true that the majority of arrangements and agreements that are made between the parents typically work best. Why? Because when each parent has a voice in the matter, they tend to feel heard. When two parties work together to find a reasonable solution, they typically also feel empowered.

It’s also true that sometimes negotiations between parties aren’t working or aren’t an option. While every family is different, there are some things that are universal when it comes to Pennsylvania child custody. These include:

1. What is best for the child? This is always the first priority.
2. If the child is over a certain age, custody may be influenced by what the child wants.
3. A history of domestic violence or abuse. This will affect who the child lives with or sees.
4. The parent’s ability to parent. Mental health, addiction issues and even job type can affect custody.
5. How the parents related to one another. Custody is affected by the relationship the parents have with one another. If parents are able to work together to create a plan that works, it is likely to be accepted by the court.

Working with an attorney who understands your situation and goals can make a big difference when it comes to understanding your rights and options as a parent in attaining the custody arrangement you desire for your child.

Maintain Your Family Even After A Breakup: Legal vs. Physical Custody in Pennsylvania

When going through a child custody case in Pennsylvania, it is essential to understand that there are two types of custody: legal custody and physical custody. These terms can affect everything from where a child lives to who makes major decisions in their life.

Legal custody refers to the right to make crucial decisions on behalf of the child. This includes choices about the child’s:

• Education, such as where the child goes to school or if special education services are needed
• Health care, including medical treatments, doctors and mental health services
• Religious upbringing, like decisions about faith-based education or religious practices
• Extracurricular activities, such as whether the child participates in sports, music or other programs

Legal custody is usually shared between both parents unless the court determines that shared custody is not in the child’s best interest. When it is shared, both parents must communicate and cooperate to make these major decisions.

If one parent is awarded sole legal custody, they can make decisions without needing the other parent’s input or agreement. This often happens in cases involving abuse, neglect or a history of noninvolvement. Courts prefer joint legal custody, but the child’s safety comes first.

On the other hand, physical custody determines where the child lives and who is responsible for day-to-day care. Physical custody can be structured in various ways:

• Shared physical custody: The child spends substantial time with both parents
• Primary physical custody: The child lives with one parent most of the time
• Partial physical custody: The other parent has scheduled visits or a limited time
• Sole physical custody: One parent has full-time custody and the other has little or no contact

Physical custody arrangements affect transportation, weekend and holiday schedules and school-week routines. The parent with primary or sole physical custody usually handles most daily tasks, while the noncustodial parent may have evening or weekend visits.

Physical custody also shapes the emotional bond between the child and each parent, which courts in Pennsylvania take seriously when making custody decisions.

Understanding the difference between legal and physical custody helps parents prepare for what lies ahead. It also allows them to focus on creating a custody arrangement that puts the child’s needs first.

If you are facing a custody dispute or planning to file for custody in Pennsylvania, consider speaking with a child custody lawyer to better understand your rights and responsibilities.

Contact OWM Law Today

If you need a family lawyer for divorce and child custody issues or are involved in a contested custody matter, contact O'Donnell, Weiss & Mattei, P.C., today at 610-323-2800. Our attorneys will help protect and maximize your child’s custody rights and options as a parent or guardian.