Family Law · Child Custody

Child Custody Factors Pennsylvania Courts Consider

Child custody factors are the legal criteria Pennsylvania courts use to decide custody under the “best interests of the child” standard. Under 23 Pa.C.S. § 5328(a), judges must evaluate sixteen specific custody factors before entering any custody order.

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If you are involved in a custody dispute in Pennsylvania, the court is not making a subjective decision. Judges are required to analyze defined statutory factors that focus on safety, stability, parental involvement, and each parent’s ability to meet the child’s needs. These are commonly referred to as the “best interests of the child” factors.

No single factor automatically controls the outcome. The court weighs all sixteen factors together based on the specific facts of your case. But how you act during the case — including communication, cooperation, and parenting conduct — directly affects how those factors are applied.

Lebovitz & Lebovitz, P.A. · A Pittsburgh Law Firm With Roots to 1933. Serving Allegheny County and southwestern Pennsylvania.

The Best Interests of the Child Standard in Pennsylvania

Pennsylvania custody law centers on one controlling standard: what arrangement serves the child’s best interests. Courts do not begin with a presumption in favor of either parent. Instead, they apply the sixteen statutory factors set forth in 23 Pa.C.S. § 5328(a).

This same analysis applies both in initial custody determinations and in custody modification cases. A parent seeking to modify an existing order must typically show a material change in circumstances. Once that threshold is met, the court re-evaluates custody using the same statutory factors.

The Sixteen Custody Factors Under 23 Pa.C.S. § 5328

Pennsylvania law requires courts to address each of the sixteen custody factors on the record. These include which parent is more likely to encourage ongoing contact with the other parent, any history of abuse, each parent’s past and present caregiving role, the need for stability, sibling relationships, extended family support, the child’s preference when appropriate, the level of parental conflict, and the proximity of the parties’ homes.

Not all factors carry equal weight in every case. Safety concerns, including domestic violence or substance abuse, can outweigh many other considerations. However, courts must still evaluate all sixteen factors and explain how they support the final custody decision.

Primary Custody vs. Shared Custody

Many parents enter custody disputes focused on whether they will receive primary custody or a shared custody arrangement. Pennsylvania law does not presume a 50/50 schedule, but courts often move toward shared custody where both parents are capable and available.

The statutory factors ultimately determine whether shared custody is appropriate or whether one parent will have primary physical custody. Issues such as cooperation, distance between households, and each parent’s historical involvement often drive this analysis.

Encouraging the Child’s Relationship With the Other Parent

One of the most heavily scrutinized factors is which parent is more likely to promote a healthy relationship between the child and the other parent. Courts favor parents who facilitate communication and cooperation.

Interference, gatekeeping, or negative conduct toward the other parent — especially in front of the child — can significantly damage a parent’s position. Courts also consider whether either parent has attempted to alienate the child from the other.

History of Abuse and Safety Risks

Any history of abuse or credible safety concerns is given serious weight. Courts prioritize the child’s safety and may impose supervised custody, restrictions, or other protective conditions where necessary.

Substance abuse issues are evaluated similarly if they create a risk to the child. Courts may require testing, treatment, or structured safeguards as part of a custody order.

Parental Duties and Day-to-Day Care

Courts examine which parent has actually been performing daily parenting responsibilities. This includes school preparation, medical care, activities, and general supervision.

A consistent history of caregiving often carries significant weight because it reflects the child’s established routine and support system.

Stability and Continuity

Courts generally favor arrangements that preserve stability in the child’s life. This includes maintaining school placement, friendships, and community ties. A proposed custody arrangement that minimizes disruption is often preferred over one that introduces unnecessary instability.

Extended Family and Sibling Relationships

The involvement of grandparents and extended family may be considered where those relationships meaningfully support the child. Courts also seek to preserve sibling relationships and are reluctant to separate siblings absent compelling reasons.

The Child’s Preference

A child’s preference may be considered depending on age and maturity. While there is no fixed age at which a child can decide custody, older children with well-reasoned preferences are often given more consideration. The court ultimately determines how much weight to assign to the child’s wishes within the broader best-interests analysis.

What Happens in Practice

In many Allegheny County cases, custody disputes begin with a custody conference before a conciliator. Parents may also be required to complete the Generations parenting program before proceeding.

Where both parents are fit, courts frequently structure shared custody schedules such as alternating weeks, 4/3 splits, or 2/2/3 rotations. However, these outcomes depend entirely on how the statutory factors apply to the specific case.

For a broader overview of custody law and support obligations, see our Child Custody and Support in Pennsylvania page.

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Stephen H. Lebovitz is a family law attorney at Lebovitz & Lebovitz, P.A. in Swissvale, Pennsylvania, with more than three decades of experience handling custody matters in Allegheny County.

Related: Child Custody and Support | Custody Conference Process | How Child Support Is Calculated | When Child Support Ends in Pennsylvania