Section 1915.1. Scope. Definitions

(a) These rules govern the practice and procedure in all actions for legal and physical custody of minor children, including habeas corpus proceedings and claims for custody asserted in an action of divorce.

Official Note

The term custody includes shared legal custody, sole legal custody, partial physical custody, primary physical custody, shared physical custody, sole physical custody and supervised physical custody. See 23 Pa.C.S. § 5322(a). Rule 1920.32(a) provides that when a claim for custody is joined with the action of divorce, the practice and procedure governing the claim for custody shall be in accordance with these rules.

(b) As used in this chapter, unless the context of a rule indicates otherwise,

‘‘action’’ means all proceedings for legal and physical custody and proceedings for modification of prior orders of any court;

‘‘custody’’ means the legal right to keep, control, guard, care for and preserve a child and includes the terms ‘‘legal custody,’’ ‘‘physical custody,’’ and ‘‘shared custody;’’

‘‘home county’’ means the county in which the child immediately preceding the time involved lived with the child’s parents, a parent, or a person acting as parent, or in an institution, for at least six consecutive months, and in the case of a child less than six months old the county in which the child lived from birth with any of the persons mentioned. A period of temporary absence of the child from the physical custody of the parent, institution, or person acting as parent shall not affect the six-month or other period;

‘‘legal custody’’ means the right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions;

‘‘partial physical custody’’ means the right to assume physical custody of the child for less than a majority of the time;

‘‘person acting as parent’’ means a person other than a parent, including an institution, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody;

‘‘physical custody’’ means the actual physical possession and control of a child;

‘‘primary physical custody’’ means the right to assume physical custody of the child for the majority of time;

‘‘relocation’’ means a change in a residence of the child which significantly impairs the ability of a non-relocating party to exercise custodial rights;

‘‘shared legal custody’’ means the right of more than one individual to legal custody of the child;

‘‘shared physical custody’’ means the right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child;

‘‘sole legal custody’’ means the right of one individual to exclusive legal custody of the child;

‘‘sole physical custody’’ means the right of one individual to exclusive physical custody of the child; and

‘‘supervised physical custody’’ means custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights.

Official Note

The term ‘‘supervised visitation’’ in the prior statute has been replaced by the term ‘‘supervised physical custody.’’

Official Note

The definitions of the terms of the various forms of legal custody and physical custody are taken from 23 Pa.C.S. § 5322(a).

For additional definitions, see the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S. § 5402.

Explanatory Comment—2008

The Uniform Child Custody Jurisdiction Act, formerly at subchapter B of Chapter 53 of the Domestic Relations Code, was repealed by Act 2004-39 and replaced by the Uniform Child Custody Jurisdiction and Enforcement Act at Chapter 54 of the Domestic Relations Code. Amendments throughout the rules governing procedures in child custody matters were necessary to make the rules consistent with the Uniform Child Custody Jurisdiction and Enforcement Act and to update the citations to the statutory provisions.

The provisions of this Rule 1915.1 amended November 8, 1982, effective January 1, 1983, 12 Pa.B. 4040; amended November 7, 1988, effective January 1, 1989, 18 Pa.B. 5323; amended March 30, 1994, effective July 1, 1994, 24 Pa.B. 1943; amended November 19, 2008, effective immediately, 38 Pa.B. 6595; amended August 1, 2013, effective September 3, 2013, 43 Pa.B. 4702. Immediately preceding text appears at serial pages (368053) to (368054) and (340191).