WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Legal Information: Pennsylvania

Custody

View all
Updated: 
August 3, 2021

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)