How is child custody decided in Pennsylvania?

Pennsylvania child custody is governed by Title 23 (Domestic Relations), Chapter 53 (Child Custody).

1. Forms of Custody (23 Pa.C.S. § 5323)

Shared physical custody — significant periods with each parent.

Primary physical custody — majority of time with one parent.

Partial physical custody — less than majority.

Sole physical custody — exclusive.

Supervised physical custody — supervised by an agency or third party.

Shared legal custody — joint decision-making.

Sole legal custody — one parent decides.

2. No Presumption Between Parents (23 Pa.C.S. § 5327)

There is no presumption based on which parent is the mother or father. In a contest between a parent and a third party, parents are presumed to act in the child's best interest.

3. 16 Best Interest Factors (23 Pa.C.S. § 5328(a))

Courts must consider all relevant factors, giving weighted consideration to those that affect the safety of the child:

Which party is more likely to encourage and permit frequent and continuing contact between the child and the other party.

Present and past abuse.

Parental duties performed by each party.

Need for stability and continuity.

Availability of extended family.

Sibling relationships.

Well-reasoned preference of the child, based on maturity and judgment.

Attempts to turn the child against the other party.

Which party is more likely to maintain a loving, stable, consistent, and nurturing relationship.

Which party is more likely to attend to the daily needs of the child.

Proximity of the parties' residences.

Each party's availability or ability to make appropriate child-care arrangements.

Level of conflict between the parties and willingness to cooperate.

History of drug or alcohol abuse.

Mental and physical condition of a party or household member.

Any other relevant factor.

4. Child's Preference

Factor 7 — the well-reasoned preference of the child, based on maturity and judgment. No specific age, but courts give increasing weight as the child matures.

5. Modification

A custody order may be modified upon a showing that modification serves the best interest of the child under § 5328(a). No "substantial change" requirement is imposed by statute, though it is commonly considered.

6. Relocation (23 Pa.C.S. § 5337)

Defined as a change in residence that significantly impairs the ability of the non-relocating party to exercise custodial rights. Requires:

Written notice 60 days before the proposed move (or as soon as possible if not feasible).

Counter-affidavit process.

Court approval based on 10 relocation factors.

The relocating party bears the burden of proving the relocation is in the best interest of the child.

7. Required Parenting Education

Many counties require parents in custody disputes to attend a parenting education seminar (e.g., 'Children Cope With Divorce').

This is legal information, not legal advice.