Understanding Pennsylvania Child Custody
Child custody decisions in Pennsylvania follow one guiding principle: what is in the best interest of the child. Courts do not rely on assumptions or stereotypes when determining parenting time,they evaluate each family鈥檚 unique circumstances using 16 specific statutory factors. These factors help judges assess stability, safety, parental involvement, cooperation, and each parent鈥檚 ability to meet the child鈥檚 emotional, educational, and physical needs.
Understanding these factors can give you clarity during an uncertain time. It helps you anticipate what the court will examine, how decisions are made, and what steps you can take to support your child鈥檚 wellbeing throughout the process.
Before we break down each factor, this short video provides an overview of how Pennsylvania courts approach custody, including the principles behind the 16 factors, what judges look for, and how evidence is evaluated.
Watch: How Custody Works in Pennsylvania (Key Factors Explained)
In this video: Firm partner and Philadelphia Divorce Lawyer Melinda Previtera covers the basics of a PA Divorce, Pennsylvania custody factors.
Melinda Previtera, Esquire
Divorce Lawyer in Philadelphia
The 16 Custody Factors in Pennsylvania
Pennsylvania law (23 Pa.C.S. 搂 5328) requires judges to consider all of the following factors. No single factor controls the outcome,courts weigh what matters most for your child鈥檚 health, safety, and stability.
1. Which parent is more likely to encourage and permit frequent and continuing contact with the other parent
Courts value cooperation. If one parent blocks access, interferes with communication, or speaks negatively about the other parent, it can weigh heavily against them.
2. The present and past abuse committed by a parent or household member
Evidence of physical, emotional, or sexual abuse is taken seriously. Courts may restrict custody or require supervised visitation to protect the child鈥檚 safety.
3. The parental duties each parent performs on behalf of the child
Judges look at who handles day-to-day tasks: meals, school routines, doctor appointments, homework, and emotional support,not just who has historically done it, but who can reliably meet those needs going forward.
4. The child鈥檚 need for stability and continuity in education, family life, and community life
Children benefit from predictable routines. Courts consider school district, activities, family support systems, and community ties.
5. The availability of extended family
Grandparents, aunts, uncles, and supportive relatives matter,especially if they play an active role in the child鈥檚 life.
6. The child鈥檚 sibling relationships
Courts strongly prefer to keep siblings together unless separation clearly benefits the child.
7. The child鈥檚 well-reasoned preference
A judge may consider the child鈥檚 preference depending on their age, maturity, and reasoning. There is no set age when a child 鈥渃hooses.鈥�
8. Attempted or actual child鈥慳bduction by a parent
Any attempt to relocate a child without consent can result in severe legal consequences and loss of custody time.
9. The likelihood each parent will maintain a loving, stable, and nurturing relationship
Courts want to see consistency, patience, appropriate discipline, and emotional support.
10. Each parent鈥檚 ability to attend to the child鈥檚 daily physical, emotional, developmental, educational, and special needs
Evidence may include health management, therapy needs, special education plans, or developmental concerns.
11. The proximity of the parents鈥� homes
Distance impacts the feasibility of school schedules, transitions, and consistent parenting time.
12. Each parent鈥檚 availability to care for the child
Work schedules, commuting, and flexibility play a large role in custody arrangements,but courts also consider each parent鈥檚 ability to secure appropriate childcare.
13. The parents鈥� level of conflict and willingness to cooperate
High conflict alone doesn鈥檛 disqualify a parent, but courts favor those who communicate appropriately, avoid hostility, and support healthy co-parenting.
14. Any history of drug or alcohol abuse
Substance misuse,past or present,may require treatment, monitoring, or supervised custody.
15. Each parent鈥檚 mental and physical condition
Courts consider conditions that affect a parent鈥檚 ability to meet the child鈥檚 needs. Having a condition does not automatically harm your case,what matters is management and stability.
16. Any other relevant factor
This gives judges flexibility in cases involving relocation, new partners, unsafe living conditions, major lifestyle changes, or unique child needs.
How Judges Apply These Factors
Judges do not weigh each factor equally. Instead, they:
- focus heavily on safety, stability, and the child鈥檚 immediate needs,
- evaluate evidence, not assumptions or accusations,
- consider the child鈥檚 entire support system, not just the parents,
- assess cooperation and conflict management,
- look for each parent鈥檚 ability to prioritize the child鈥檚 wellbeing.
No parent must be perfect,judges look for the parent who can provide the most stable, supportive, and child-focused environment.
Frequently Asked Questions
How can I strengthen my custody case in Pennsylvania?
You can strengthen your custody case by staying involved in your child’s daily life, communicating respectfully with the other parent, and keeping interactions focused on your child’s needs. It also helps to document schedules or important incidents, avoid negative social media posts, maintain predictable routines, and show a willingness to cooperate. Judges appreciate parents who demonstrate calm, consistency, and a child-centered approach.
Do mothers or fathers have the advantage in PA custody cases?
No. Pennsylvania law is gender鈥憂eutral. Courts evaluate the 16 factors,not stereotypes.
Can a child choose which parent to live with?
There is no specific age. Judges consider a child鈥檚 preference when the child is mature enough to express well鈥憆easoned thoughts.
How long does a custody case take in Pennsylvania?
Simple cases may resolve in weeks; contested cases with evaluations or hearings may take months.
Can joint custody be ordered even if parents do not get along?
Yes. Courts encourage shared legal custody when safe and appropriate. Communication tools can help co鈥憄arenting succeed.
Does relocation affect custody decisions?
Yes. Relocation requires notice and court approval. Judges consider how the move impacts the child鈥檚 routines, education, and relationships.
Talk With a Pennsylvania Custody Attorney
If you鈥檙e navigating a custody dispute or want guidance on how the 16 factors apply to your family, our Pennsylvania custody attorneys are here to help. We鈥檒l listen to your goals, explain your options, and build a strategy that protects your child鈥檚 wellbeing and your parental rights. Contact us today to schedule a consultation.