Legal Question in Family Law in Pennsylvania

Re: Custody when not stated in divorce

There are 2 types of custody, legal and physical. Legal custody is the right to be involved in important decisions such as religion and education. That is routinely shared between the parties and is referred to as joint.

The other type involves where the child will live. There are 3 forms of physical custody, primary, partial and shared. Usually, one party has primary and the other has partial. A standard schedule for a partial custodian is every other weekend and one or 2 nights a week.

Shared is split, but will only occur when the parties are in close proximity and they get along perfectly. That is very rare.

What is unclear to me from your question is exactly what is stated in the divorce agreement regarding custody. Whatever is in there is likely enforceable as an order of court. If it is not specific enough, you can obtain an agreed order or you can litigate to obtain an order.

I trust this answers your question somewhat, but feel free to call or E-mail on a free initial basis.