Rule 1915.1 Scope. Definitions

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.

See A.S. v. I.S., 130 A.3d 763, 766 n.3 (Pa. 2015).

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

‘‘mediator,’’ an individual qualified under Pa.R.C.P. No. 1940.4 and who assists custody litigants independently from the procedures set forth in Pa.R.C.P. Nos. 1915.1—1915.25 by engaging the litigants in the alternative dispute principles in Pa.R.C.P. No. 1940.2 to resolve custody matters in whole or in part;

‘‘mediation,’’ the confidential process by which a neutral mediator assists the parties in attempting to reach a mutually acceptable agreement on issues arising in a custody action. Mediation is not a court proceeding; rather, it is an independent, non-record proceeding in lieu of court involvement for the purpose of assisting the parties to address the child’s best interest. An agreement reached by the parties must be based on the voluntary decisions of the parties and not the decision of the mediator. The agreement may resolve all or only some of the disputed issues. The parties are required to mediate in good faith, but are not compelled to reach an agreement. While mediation is an alternative means of conflict resolution, it is not a substitute for the benefit of legal advice. The participants in mediation shall be limited to the parties to the custody action, primarily the child’s parents and persons acting as parents. Except as provided in Pa.R.C.P. No. 1940.5(c), non-parties, including children, grandparents, and the parties’ attorneys, shall not participate in the mediation.

‘‘non-record proceeding,’’ the initial office conference set forth in Pa.R.C.P. No. 1915.4-3. Mediation, as outlined in Pa.R.C.P. No. 1940.1—1940.9, shall not be construed as a non-record proceeding;

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

‘‘person acting as a parent,’’ 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. See also the definition of in loco parentis;

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

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

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

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

‘‘shared physical custody,’’ 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,’’ the right of one individual to exclusive legal custody of the child;

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

‘‘supervised physical custody,’’ 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.

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

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.