Legal custody in Pennsylvania is very broad and encompasses many decision-making issues. In most cases the parties have shared legal custody which enables both parents to make decisions which affect the welfare of the child. In a recent Pennsylvania Superior Court case, Rogowski v. Kirven, 725 WDA 2022 8-9 (Pa. Super. Ct. 2023), which was published in March, the appellate court addressed the challenging issues regarding a religious decision made by one of the parents and the consequences of violating shared legal custody

In Pennsylvania, shared legal custody is defined by statute. The Divorce Code 23 PA.C.S. Section 5322(a) defines legal custody as, “the right to make major decisions on behalf of the child, including but not limited to, medical, religious and educational issues.” Legal custody may be granted to both parties so they each equally may make decisions. The court may also grant sole legal custody to one party for all decisions or only in one specific area such as medical.

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