Family Law · Pennsylvania Custody

Pennsylvania Child Custody Law Changed in 2025 | What Parents Need to Know

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Parents in active Pennsylvania custody cases may be operating under outdated information. Governor Shapiro signed Act 11 of 2025 on June 30, 2025, consolidating the custody factors courts must apply under 23 Pa.C.S. § 5328. The change took effect August 29, 2025. The Pennsylvania child custody law change in 2025 reorganized how courts evaluate the best interest factors without altering the substance. Related considerations that previously appeared as separate items were consolidated into fewer, cleaner categories. Cases filed on or after August 29, 2025 are evaluated under the updated framework. Cases filed before that date may still be governed by the prior version. If you are unsure which framework applies to your matter, the answer affects how you prepare. Understanding which version governs your case determines how you present evidence, communicate with the court, and position yourself at the custody conference.

Which Version Applies to Your Case

Cases filed on or after August 29, 2025 are governed by the updated version of § 5328 as amended by Act 11 of 2025. Cases filed before August 29, 2025 may be evaluated under the prior version depending on the procedural posture of the matter. If your case involves a modification petition filed after the effective date, the updated factors apply to that petition. If you are unsure which version governs your matter, that question should be clarified with your attorney before your next court date.

For a full overview of how Pennsylvania courts apply the best interest factors and what those factors mean for your custody conference, see our page on Pennsylvania child custody factors. For information on how the Allegheny County custody conference process works in practice, see our page on the Allegheny County custody conference.

What Changed and What Did Not

The substance of Pennsylvania custody law did not change. Courts still apply the best interest of the child standard, safety considerations still carry the most weight, and all protections established under Kayden’s Law remain fully intact. Related considerations that previously appeared as separate items were consolidated into fewer, cleaner categories. The result is a more streamlined framework that is easier for families and courts to apply without sacrificing substantive protections. The bipartisan vote (202 to 1 in the House and 50 to 0 in the Senate) reflected consensus that the change was about efficiency, not politics or weakening protections.

What This Means at Your Custody Conference

Most Allegheny County custody matters begin at a conference before a conciliator, not a judge. The conciliator applies the same statutory best interest factors the court would apply at a hearing. Under the updated framework, the analysis is the same: which parent supports the child’s safety, stability, parental relationships, and daily needs. What the law change does is reduce the procedural complexity of that analysis without altering what matters.

For parents preparing for a conference or hearing, the practical implication is straightforward. The court is still evaluating your conduct, your cooperation, your consistency as a caregiver, and your willingness to support the child’s relationship with the other parent. Those fundamentals did not change. What changed is that courts have a cleaner framework for evaluating and explaining those determinations on the record.

A New Requirement: Written Notice of the Factors

Act 11 of 2025 added one procedural requirement that directly affects parties in custody proceedings. Within 30 days of receiving a custody complaint, petition for modification, or petition to intervene, the court must provide all named parties with a written copy of the custody factors. This is a transparency measure. It ensures that parties know what the court is evaluating before the first conference or hearing takes place. This requirement is especially significant for self-represented parties who previously had no formal mechanism to learn what the court would be evaluating before their first appearance.

For parents who were previously unfamiliar with the statutory framework, this requirement means they will now receive the factors in writing at the outset of the case. That is a meaningful change in practice even if the substantive law is the same. Understanding the factors before the first conference changes how you communicate, document, and present your position.

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Stephen H. Lebovitz is a family law attorney at Lebovitz & Lebovitz, P.A. in Swissvale, Pennsylvania, representing parents in custody matters throughout Allegheny County and Western Pennsylvania.

For related guidance, see our pages on Pennsylvania Child Custody Factors, Allegheny County Custody Conference, and Family Law and Divorce.