Changes to the Pennsylvania Child Custody Laws
In Pennsylvania, child custody cases are determined by Court of Common Pleas Judges who are required by law (23 PACS 5328) to consider certain enumerated factors regarding the best interests of the child. Recent changes to the law, effective August 29, 2025, revised, consolidated and reduced those factors from 16 to 12. In revising the law, the Pennsylvania Legislature stated that the revisions aim to “reduce confusion and cost while keeping the child’s best interests front and center.”
Under the prior law, the Court was required to consider the following 16 factors:
(1) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
(2) The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
(3) The parental duties performed by each party on behalf of the child.
(4) The need for stability and continuity in the child’s education, family life and community life.
(5) The availability of extended family.
(6) The child’s sibling relationships.
(7) The well-reasoned preference of the child, based on the child’s maturity and judgment.
(8) The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
(11) The proximity of the residences of the parties.
(12) Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
(15) The mental and physical condition of a party or member of a party’s household.
(16) Any other relevant factor.
Under the current law, the new custody factors that will be considered are as follows (with commentary in italics below each factor):
(1) Which party is more likely to ensure the safety of the child.
This factor remains unchanged.
(2) The present and past abuse committed by a party or member of the party’s household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
This factor remains unchanged.
(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).
This factor remains unchanged.
(2.2) Violent or assaultive behavior committed by a party.
This factor remains unchanged.
(2.3) The level of cooperation and conflict between the parties, including:
(i) which party is more likely to encourage and permit frequent and continuing contact between the child and the other party or parties if contact is consistent with the safety needs of the child; and
(ii) the attempts by a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party’s good faith and reasonable effort to protect the safety of a child or self shall not be considered evidence of unwillingness or inability to cooperate with the other party. A party’s reasonable concerns for the safety of the child and the party’s reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child’s deficient or negative relationship with a party shall not be presumed to be caused by the other party.
This factor is a restatement of the prior law with consolidation of other factors and additional explanation and detail.
(3) A willingness and ability of a party to prioritize the needs of the child by providing appropriate care, stability and continuity for the child, considering the parental duties performed by the party on behalf of the child in the past and whether the party is willing and able to perform the duties in the future, and attend to the daily physical, emotional, developmental, educational and special needs of the child.
This factor is a restatement of the prior law with consolidation of other factors and additional explanation and detail.
(4) The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party.
This factor remains unchanged.
(5) Deleted by amendment.
This factor is consolidated under factor 6 below.
(6) The child’s sibling and other familial relationships.
This factor is a restatement and consolidation (with the former factor 5) of the prior law.
(7) The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.
This factor remains unchanged.
(8) Deleted by amendment.
This factor is consolidated under factor 2.3 above.
(9) Deleted by amendment.
This factor is consolidated under factors 3 and 4 above.
(10) Deleted by amendment.
This factor is consolidated under factor 3 above.
(11) The proximity of the residences of the parties.
This factor remains unchanged.
(12) Each party’s employment schedule and availability to care for the child or ability to make appropriate child-care arrangements.
This factor is a restatement of the prior law with additional explanation and detail (notably the addition of child-care arrangements to the consideration).
(13) Deleted by amendment.
This factor is consolidated under factor 2.3 above.
(14) The history of drug or alcohol abuse of a party or member of a party’s household.
This factor remains unchanged.
(15) The mental and physical condition of a party or member of a party’s household.
This factor remains unchanged.
(16) Any other relevant factor.
This factor remains unchanged.
If you are, or are about to be, involved in child custody litigation in a Pennsylvania court, it is important to be familiar with the new custody factors so that you have an understanding of what evidence needs to be presented to ensure that the best interests of your child(ren) are considered.
This article is not legal advice and is provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction.
