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The laws of Pennsylvania governing child custody and support law are contained in the Pennsylvania Consolidated Statutes, Title 23, and may be found here (click on the link and then click on “Title 23”). Calculation of child support is explained in Chapter 1910 of the Pennsylvania Code (a link here).
To fully understand Pennsylvania law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas.
Child Support in Pennsylvania
Child support is a court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation. Calculation of child support is explained in Chapter 1910 of the Pennsylvania Code (a link here). Pennsylvania law generally requires that child support be awarded according to official state guidelines. Child support guidelines are considered based on the reasonable needs of the child seeking support.
In determining the reasonable needs of the child, the guidelines place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties’ assets, as warrant special attention.
Net income is defined at Rule 1910.16-2 of the Pennsylvania Code (a link here).
The basic child-support guidelines are available at this link. This will help you come up with the basic total amount for which both parents together are obligated to spend for the support of their children. Keep in mind that other factors are often taken into account. Also keep in mind that a specific parent’s share of this basic support amount is computed using the formula available at this link.
Child Custody in Pennsylvania
Child custody in based on what courts determine to be in “the best interest of the child.” In considering the best interest of the child, courts can order sole or shared custody. There are several factors that courts may consider including (but not limited to):
- • The child’s preference
- • Any factor that legitimately impacts the child’s physical, intellectual and emotional well-being.
- • Which parent is likely to foster frequent and continuing contact between the child and the non-custodial parent
- • Each parent and adult household member's present and past violent or abusive conduct which may include, but is not limited to, abusive conduct
Child Visitation in Pennsylvania
Visitation generally refers to the ability of a noncustodial parent (that is, a parent who does not have primarily custody) to be able to spend time with his or her child. In Pennsylvania, the term “visitation” is not frequently used because it has a slightly different meaning than it does in other states. In Pennsylvania, the word “visitation” specifically refers to the ability to spend time with the child, but not necessarily the right to take the child out of the control of the parent with custody of the child; where a parent has both the right to spend time with a child and take the child out of the control of the parent with primary custody, it is referred to as “partial custody.” The legal considerations for “partial custody” in Pennsylvania are generally the same as those for other types of custody.
Pennsylvania law presumes that a child’s best interests are generally served by having strong relationships with both parents. Thus, under Pennsylvania law, it is highly uncommon for a noncustodial parent to be denied reasonable visitation.
Grandparent Visitation
Additionally, under Pennsylvania law, grandparents can seek visitation and partial physical custody rights. A grandparent filing for this must prove that this is in the best interest of the child and does not interfere with the relationship between the child and parent. If a parent does not wish for a grandparent to have visitation rights, then a court must generally at least give special weight to the parent’s wishes and presume that the parent is acting in the best interests of the child. The issue of grandparent visitation is somewhat complicated, particularly because of a recent United States Supreme Court decision, Troxel v. Granville, which concerned grandparents’ custody and visitation rights. It is always best to consult a qualified family law attorney in cases involving custody and visitation rights.
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