Family Law · Child Custody
Child Custody Factors Pennsylvania Courts Consider
If you are facing a custody dispute in Pennsylvania, you are probably trying to understand one thing: what factors Pennsylvania courts actually consider when deciding custody. The answer is not a gut feeling or a coin flip. Pennsylvania law requires judges to evaluate sixteen specific factors before entering any custody order. Those factors are listed in 23 Pa.C.S. § 5328(a), and they cover everything from which parent handles the day-to-day caregiving to whether there is a history of abuse in the household.
No single factor automatically decides the case. A judge weighs all of them together based on the facts of your specific family. But understanding what courts are looking for — and what your conduct during the case communicates about you as a parent — matters from the moment the dispute begins.
At Lebovitz & Lebovitz, P.A., we represent parents in custody disputes throughout Allegheny County. We help clients understand what judges look for, how custody cases are evaluated, and what conduct during litigation can strengthen or weaken a parent’s position.
How you act during the case is part of what the court evaluates.
Pennsylvania judges consider parental conduct — at exchanges, in communications, and in front of the child — as part of the custody analysis. If a hearing is approaching, call 412-351-4422 or schedule a consultation now.
The Best Interests of the Child Standard
Everything in Pennsylvania custody law comes back to one central question: what arrangement serves the child’s best interests. That is not simply a slogan. It is the legal standard courts must apply under 23 Pa.C.S. § 5328(a). The sixteen custody factors are how judges give that standard concrete meaning.
Courts apply this same standard both when custody is first determined and when a parent later asks the court to modify an existing order. To modify custody, a parent must typically show that circumstances have materially changed. Once that threshold is met, the court again evaluates the best interests of the child using the statutory factors.
The Sixteen Statutory Custody Factors
Section 5328(a) identifies sixteen factors that Pennsylvania courts must consider when determining custody. Judges are required to address each factor on the record before entering a custody order. They include which parent is more likely to encourage frequent and continuing contact with the other parent, any history of abuse or risk to the child, the parental duties each parent has historically performed, the need for stability and continuity in the child’s life, the availability of extended family support, the child’s sibling relationships, the child’s preference when appropriate, the level of conflict between the parents, the child’s developmental and emotional needs, and the proximity of the parents’ residences.
Not every factor carries the same weight in every case. A credible history of domestic violence, for example, can overshadow many other considerations. But courts must evaluate all sixteen and explain how they affect the final custody determination.
Encouraging Contact With the Other Parent
One of the factors courts often examine most closely is which parent is more likely to encourage a healthy relationship between the child and the other parent. Courts generally prefer custody arrangements that preserve meaningful relationships with both parents whenever possible.
Parents who block communication, make exchanges difficult, or speak negatively about the other parent in front of the child may harm their credibility in custody proceedings. Judges view those actions as evidence that a parent may place personal conflict ahead of the child’s interests. A related factor asks whether either parent has attempted to turn the child against the other — conduct courts treat seriously and that can affect the outcome of the case significantly.
History of Abuse or Safety Concerns
Any history of domestic violence, child abuse, or credible safety concerns receives serious attention from the court. Protecting the child is always a priority. When abuse has occurred, courts may impose restrictions such as supervised custody, safety conditions, or limitations on parenting time.
Substance abuse in the household may raise similar concerns. Where drug or alcohol issues create a risk to the child, courts may require testing or other safeguards as part of a custody order.
Parental Duties and Daily Care
Courts evaluate which parent has actually been performing the daily responsibilities of parenting. This includes preparing meals, getting the child ready for school, attending medical appointments, helping with homework, and coordinating activities.
If one parent has historically handled most of these responsibilities, that history often becomes relevant when the court evaluates what arrangement is most stable for the child going forward.
Stability and Continuity for the Child
Judges recognize that children generally benefit from stability in their daily lives. Courts therefore consider the child’s current home environment, school placement, friendships, and community connections. A custody arrangement that preserves continuity in those areas may be favored over one that would significantly disrupt the child’s established routines.
Extended Family and Sibling Relationships
Extended family relationships can play an important role in a child’s life. Courts may consider whether grandparents or other relatives provide meaningful support or are actively involved in the child’s upbringing. Sibling relationships are treated with similar care. Pennsylvania courts are generally reluctant to separate siblings through custody orders unless there is a compelling reason to do so.
The Child’s Preference
Depending on the child’s maturity and judgment, courts may consider the child’s preference regarding custody arrangements. The weight given to that preference varies based on the child’s age and ability to express a reasoned view. A younger child’s preference may carry little weight, while a teenager’s opinion may be considered more carefully. Ultimately, however, the judge retains authority to determine what arrangement serves the child’s best interests.
What Actually Happens in Most Cases
In practice, Pennsylvania courts have increasingly moved toward shared physical custody arrangements in cases where both parents are fit and the logistics are workable. Many parents who resolve custody without a full trial end up with a schedule that comes close to equal time. That outcome is not guaranteed by law — Pennsylvania has no presumption in favor of 50/50 custody — but it reflects how judges tend to apply the best-interest factors when neither parent presents a compelling reason to limit the other’s time with the child.
Common shared custody schedules in Allegheny County include alternating weeks (7/7), a four-day/three-day split (4/3), and a two-two-three rotation (2/2/3). The right schedule for any family depends on the child’s age, school location, each parent’s work schedule, and the distance between households.
Practical Considerations in Custody Litigation
How parents conduct themselves during the case can influence how courts evaluate these factors. Communication with the other parent, compliance with temporary orders, behavior during custody exchanges, and what the child experiences in each household can all become relevant during litigation.
Section 5328(a) also includes a catch-all provision allowing courts to consider any other factor relevant to the child’s welfare. This ensures that custody decisions reflect the realities of each family’s situation rather than a rigid formula.
In Allegheny County, most custody disputes begin with a custody conference before a conciliator, not a courtroom hearing. Parents involved in custody proceedings may also be required to complete the Generations parenting education program before the case moves forward.
If you are preparing for a custody hearing or considering seeking modification of an existing order, early preparation can make a meaningful difference in how the case unfolds.
This article relates to our work in Child Custody and Support and Family Law and Divorce. For support calculations, see how child support is calculated in Pennsylvania. For shared custody and support issues, see shared custody and child support.