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Legal Information: Pennsylvania

Custody

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Updated: 
February 5, 2020

Can I file for custody while I am still living with the other parent?

Yes. If you and the other parent are living “separate and apart” from each other while still in the same residence, you can file for custody but the order will not be effective until one parent physically leaves the home or a judge awards one of you “exclusive possession” of the home.1

1 23 Pa.C.S.A. § 5323(h)