What is the difference between legal and physical custody in Pennsylvania?

Last updated October 4, 2026.

In Pennsylvania, legal custody is the right to make major decisions for a child, including medical, religious and educational decisions, while physical custody is the actual physical possession and control of the child, in other words where the child lives and who cares for the child day to day (23 Pa.C.S. 5322(a)). A court decides each separately, so parents can share legal custody even when the child lives mostly with one of them.

Pennsylvania law no longer uses "visitation" as its main term; time with the child is partial, shared or supervised physical custody (5322(b)). For the custody cases we handle from Media, see our child custody and child support page.

What do the custody terms mean?

The court can award any of seven types: shared, primary, partial, sole or supervised physical custody, and shared or sole legal custody (5323(a)). It chooses after weighing the custody factors, which since Kayden's Law give extra weight to safety; see how Pennsylvania judges decide custody after Kayden's Law.

What decisions does legal custody cover?

The statute names medical, religious and educational decisions but says legal custody is "not limited to" them. The parenting plan form in 23 Pa.C.S. 5331(c) gives a practical list of decisions parents are asked to assign, to both parents together or to one: diet, religion, medical care, mental health care, discipline, choice of school, choice of study, school activities and sports activities. The same form asks how decisions will be made, for example by one parent calling the other and the other answering within a set time.

The statute does not list everyday choices such as bedtimes or screen time, so if they matter to you, say in the plan or agreement how they will be handled. Disputes over major decisions are what legal custody orders are written to prevent, so the clearer the order, the fewer trips back to court.

How is custody decided and written into an order, step by step?

1. Filing. A parent files a custody complaint, or adds a custody count to a divorce (Pa.R.C.P. 1915.3).
2. Conciliation. In Delaware County, every case goes first to a Custody Conciliator (Local Rule 1915.4-1), where many parents agree on both legal and physical custody.
3. Parenting plans. In a contested case, the court may require each parent to submit a plan covering the schedule, education, religion, health care, child care, transportation and dispute resolution (5331).
4. Decision. The court weighs the factors in 5328 and awards one or more of the seven types in 5323(a).
5. Order. The order must be specific enough to be enforced through law enforcement (5323(f)) and must include notice of each party's duties if a parent later wants to relocate (5323(c)).

Every step and deadline in the county is listed in the steps in a Delaware County custody case.

Does a parent without legal custody lose access to school and medical records?

A parent with sole or shared legal custody must be given access to the child's medical, dental, religious and school records, the child's address and the other party's address, and access cannot be denied just because of the physical custody schedule (23 Pa.C.S. 5336(a)). Anyone holding that information must provide it on request to a party with legal custody.

There are limits. The court will not order disclosure of an abuse victim's address, confidential information from an abuse counselor or shelter, information protected by the state's address confidentiality program, or a child's own protected mental health information (5336(b)). The court may also withhold other information if it states its reasons on the record (5336(c)).

Can the custody arrangement change later?

Yes. On a petition, a court may modify a custody order to serve the child's best interest (23 Pa.C.S. 5338(a)); the steps are in how to change a custody or support order. The same factors apply, and the types of custody can change in either direction, for example from partial to shared physical custody as a child grows older or a parent's work schedule changes.

A move is handled under a separate rule, explained in moving away with your child. A "relocation" is a change in the child's residence that significantly impairs the other party's ability to exercise custody rights (5322(a)). No relocation may happen unless everyone with custody rights consents or the court approves it (5337(b)). The parent who wants to move must send notice by certified mail, return receipt requested, at least 60 days before the move, or within 10 days of learning of it if 60 days' notice was impossible, with the new address, school district, reasons and a proposed revised schedule (5337(c)). The other parent has 30 days after receiving the notice to object with a counter-affidavit filed in court and served by certified mail, or is presumed to consent (5337(d)). When there is an objection, the court weighs relocation factors that give extra weight to the child's safety (5337(h)).

Custody often comes up alongside a divorce, and the two can be decided in the same case or separately; our divorce page explains the kinds of divorce available in Pennsylvania.

What changes the answer?

• Abuse or a risk of harm. The court can limit legal custody and impose supervised physical custody as safety conditions (5323(e)(2)), and supervised custody is presumed when there is an ongoing risk of abuse (5323(e.1)). See how a PFA affects custody.
• Distance between homes. The proximity of the parents' residences is a factor (5328(a)(11)), and shared physical custody is harder across long distances.
• Living in the same house. Parents separated under one roof can seek a custody order, but it takes effect only when one moves out or one is awarded exclusive possession of the home (5323(h)).
• Who is asking. Parents start equal (5327(a)); a non-parent must first show standing (Pa.R.C.P. 1915.3(e)).
• Overnights. At 40 percent or more of annual overnights with the paying parent, child support is presumed to be reduced (Pa.R.C.P. 1910.16-4(c)); see how child support is calculated.
• Willful violations. A parent who willfully disobeys a custody order can be held in contempt, with up to six months in jail, a fine of up to $500, probation, license sanctions or counsel fees (5323(g)).

For example: shared legal custody with primary physical custody

Here is a hypothetical. Parents in Broomall separate. Their children stay with the mother during the school week and with the father every other weekend and one weeknight. That is primary physical custody for the mother and partial physical custody for the father. The parents also agree to shared legal custody.

When the older child needs to choose a high school, neither parent can decide alone, because school choice is a legal custody decision. The father, who has the children less than half the time, still has the right to the school and medical records (5336(a)(2)). If they cannot agree, either can ask the court to decide that issue. This example only illustrates the terms; every order is written for its own family.

What mistakes do parents make with these terms?

• Assuming primary physical custody means sole decision-making. Legal custody is a separate award; with shared legal custody, major decisions are joint.
• Writing a vague order. "Reasonable time" is hard to enforce; the statute requires enough detail for police to enforce it (5323(f)).
• Refusing records to the other parent. A parent with legal custody is entitled to them regardless of the schedule (5336(a)).
• Moving without notice. Every order includes relocation duties (5323(c)).
• Using "visitation" in an agreement without defining it. The statute treats the word as partial, shared or supervised physical custody (5322(b)); say which.
• Ignoring the support effect. A change in overnights can change child support.

What should I do this week?

1. Decide what you are asking for: the type of legal custody and the type of physical custody.
2. Draft a weekly and holiday schedule and count the overnights it gives each parent.
3. List the major decisions you expect in the next few years, such as schools or medical care.
4. Request school and medical records if you hold legal custody and have been denied them.
5. Keep any current order handy and follow it.
6. Book a consultation before your custody conference.

Frequently asked questions

Is joint custody the same as shared custody?

Pennsylvania's statute uses "shared," either shared legal custody (decisions) or shared physical custody (significant periods of time with each parent) (5322(a)).

Can one parent have sole legal custody?

Yes. Sole legal custody is one of the seven types of award (5323(a)), and the court can limit legal custody as a safety condition where abuse is found (5323(e)(2)(v)).

What is the difference between primary and sole physical custody?

Primary means the majority of the time; sole means exclusive physical custody, with the other parent having none (5322(a)).

Do grandparents ever get legal custody?

Only with standing under 5324, for example when they stand in loco parentis; between a parent and a non-parent, the parent is presumed to get custody (5327(b)). See grandparent custody and visitation.

Does the parent with primary physical custody get child support automatically?

No. Support is a separate claim filed with Domestic Relations, and the amount depends on both incomes and the number of overnights, under the statewide guideline. When it ends is covered in when child support ends.

Does a PFA change legal custody?

A protection order can award temporary custody, and in a custody case the court may limit legal custody as a safety condition where abuse is found (5323(e)(2)(v)).

Where is custody decided in Delaware County?

In Media, starting with the Custody Conciliator; our page on Delaware County family court explains where each hearing is held. Our family law page covers the related divorce and support questions.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about legal and physical custody. Evening and weekend appointments are available.