§ Rule 1915.1 Scope Definitions

Rule 1915.1. Scope. Definitions

(a)(1) These rules govern the practice and procedure in all actions for custody, partial custody and visitation of minor children, including habeas corpus proceedings and claims for custody, partial custody or visitation asserted in an action for divorce or support.

Note: The term custody includes legal custody, physical custody and shared custody. See Definition Rule 1915.1(b).

Divorce 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.

(2) If a claim for partial custody or visitation is raised during the course of an action for support, the court may

(i) enter an order with respect to the right to partial custody or visitation where there is

(a) proper venue under Rule 1915.2, and

(b) no current order of custody, partial custody or visitation outstanding, and

(d) no delay in the entry of the support order resulting from the determination of the claim; or

Note: See Myers v. Young, Pa.Super., 427 A.2d 209, 211 (1981), in which it was held that “the trial court properly declined to defer the entry of an order of support until satisfactory visitation rights had been established.”

(ii) require the commencement of a separate action pursuant to these rules.

Note: See 23 Pa.C.S. § 4349 which authorizes custody and visitation proceedings to be consolidated with support proceedings “to facilitate frequent and unimpeded contact between children and parents” if the custody or visitation matter may be “fairly and expeditiously ... determined and disposed of in the support action or proceeding.

” (b) As used in this chapter, unless the context of a rule indicates otherwise, “action” means all proceedings for custody, partial custody or visitation, 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 legal right to make major decisions affecting the best interests of a minor child, including but not limited to, medical, religious and educational decisions;

“partial custody” means the right to take possession of a child away from the custodial person for a certain period of 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 actual physical possession and control of a child;

“shared custody” means shared legal or shared physical custody or both of a child in such a way as to assure the child of frequent and continuing contact, including physical access, to both parents; and

“visitation” means the right to visit a child, but does not include the right to remove the child from the custodial person's control.

Note: The definitions of the terms legal custody, physical custody and shared custody are taken from 23 Pa.C.S.A. § 5302. For additional definitions, see the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. § 5402.