The sole focus of any Pennsylvania judge making a custody decision is the best interests of the child. This principle ensures your child’s safety, happiness, and well-being remain the top priority.
State law, specifically the amended 23 Pa. C.S. § 5328, requires the court to evaluate 11 key factors when setting a custody order. While judges review every factor, those relating to safety and stability carry much more weight.
Daily life: The foundation for stability
Most of the factors examine your child’s daily needs and current living situation. The law looks at which parent offers the most stable home. Judges consider how a custody schedule will affect your child’s routine.
These factors look at a child’s life beyond immediate safety issues:
- Stability and continuity in your child’s education and community life
- The child’s well-reasoned preference, based on their maturity and judgment
- Sibling and other familial relationships the child has
- Proximity of residences and what that means for the custody exchange
- Each household member’s mental and physical condition
You must show you can provide a nurturing and consistent environment across these areas. Courts look for the parent who demonstrates a long-term commitment to meeting the child’s emotional and physical needs.
Three child custody pillars
Pennsylvania judges must give substantial, weighted consideration to factors concerning a child’s safety. Other factors concerning parental duties and co-parenting are also critical, but do not carry the same statutory weight. Three vital areas include:
Safety and abuse
The court is mandated to weigh factors that cover abuse and violence, including drug and alcohol abuse, domestic violence and mental health issues. The court’s first job is to ensure the child’s protection from all forms of harm.
Prioritizing the child’s needs
A key factor is a parent’s willingness and ability to prioritize the child’s needs. Judges consider the parental duties you have performed in the past and whether you are able and willing to continue performing those duties moving forward, demonstrating your ability to meet your child’s day-to-day physical, emotional and educational needs.
Cooperation and conflict
The court also assesses the level of cooperation and conflict between you and the other parent. Judges want to see which party is more likely to encourage and permit frequent and continuing contact with the other parent, when safe. If a parent tries to turn the child against the other, the court views this negatively.
Focus your custody case
Pennsylvania’s 11 factors are not a scorecard. A judge balances them to fit your family’s unique circumstances. They are a framework judges use to weigh the unique facts of your family’s situation. It’s critical not to go through this process alone.
Consulting with a skilled child custody attorney who helps you gather the proper evidence can protect your parenting rights and your child’s best interests.