If you are involved in a child custody case in Pennsylvania, the court’s decision will be guided by specific factors known as the Pennsylvania custody factors. 

Under 23 Pa.C.S. § 5328, Pennsylvania courts are required to evaluate eleven custody factors (reduced and simplified from the prior sixteen), to determine what custody schedule serves the best interests of the child. In Montgomery County, Pennsylvania, these custody factors must be attached to every custody petition filed with the court, making them a required and central part of every custody case.  Judges do not decide custody based upon gender, who files first, who earns more money, or which parent wants custody more. Instead, custody decisions are based on a careful, fact-specific analysis of these custody factors, with the child’s safety and overall well-being as the primary concerns. The factors are:

1. Which party is more likely to ensure the safety of the child

The first and most important custody factor is which parent is more likely to ensure the safety of the child. This includes physical safety, emotional security, and psychological well-being. 

2. The present and past abuse committed by a party or member of the party's household

The court must consider any history of child abuse, involvement with child protective services, violent or assaultive behavior, and any Protection From Abuse or sexual violence orders where there has been a finding of abuse. Findings of abuse can significantly impact custody outcomes and will be given substantial weighted consideration by the court. If there is real safety risk, everything else takes a back seat. Not to punish parents, but to protect children.

The court also evaluates the level of cooperation and conflict between the parties. This includes which parent is more likely to encourage and permit frequent and continuing contact between the child and the other parent as long as such contact is consistent with the child’s safety needs.

Courts will consider attempts by a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. Courts won’t assume a child’s poor relationship with one parent was caused by the other parent.

Absent abuse, judges expect parents to encourage and support healthy, safe contact with the other parent. That means not blocking communication, not interfering with the other parent’s custody time, and not bad-mouthing the other parent.

3. Willingness and ability of a party to prioritize the needs of the child

This factor includes consideration of the parental duties performed by each parent in the past, whether the parent is willing and able to perform those duties in the future, and the ability to attend to the child’s daily physical, emotional, developmental, educational, and special needs. Courts consider who handles school, doctors’ appointments, meals, and routines, and who shows up when the child needs help. This matters much more than who “wants” custody more. Courts value consistency, reliability, and demonstrated caregiving over future promises or intentions.

4. The need for stability and continuity in the child's education, family life and community life, except if changes are necessary to protect the safety of the child or a party

Courts generally prefer to maintain existing family relationships, school enrollment, home routines, and community connections, unless a change is necessary to protect the child’s safety or improve the child’s well-being. Children do best with consistency. Big changes are not taken lightly unless they clearly improve the child’s well-being.

5. The child's sibling and other familial relationships

Pennsylvania courts try to keep children connected to siblings, and preserve meaningful family bonds whenever possible. Those relationships help children feel grounded and secure.  

6. The well-reasoned preference of the child, based on the child's developmental stage, maturity and judgment

While children do not get to choose where they live, the court may give weight to a mature child’s thoughtful, well-reasoned preference, particularly when it aligns with the child’s best interests and is free from pressure or manipulation by parents.   

7. The proximity of the parties’ residences 

Courts consider how close the parties live to each other, because distance can affect school enrollment, transportation, transitions between homes, and the child’s daily routine. Closer homes make it easier to share custody.  

8. Each party's employment schedule and availability to care for the child or ability to make appropriate child-care arrangements

Employment alone is not a problem, but courts examine how work schedules realistically affect parenting time and availability. Does your employment schedule allow you to be present during your custodial time? Does it create gaps in supervision? If so, consider adjusting your work schedule or your custody schedule so you are available to care for your child during your custodial time.

9. The history of drug or alcohol abuse of a party or member of a party's household

Courts consider the history of drug or alcohol abuse of a party or a member of a party’s household, to the extent that it impacts parenting ability and child safety.

10. The mental and physical condition of a party or member of a party's household

Courts consider the mental and physical condition of a party or a member of a party’s household, to the extent that it impacts parenting ability, care, stability and child safety. A diagnosis alone is not determinative. Rather, the court focuses on functional impact, compliance with medication and treatment, and how these issues affect the child’s daily life. 

11. Any other relevant factor

The court may consider any other relevant factor necessary to reach a custody determination that serves the child’s best interests.

Why this matters 

In Montgomery County, Pennsylvania, the requirement that these custody factors be attached to every custody petition reinforces their importance and ensures that all parties understand the framework guiding the court’s decisions. These factors should not only inform litigation strategy but also guide parents’ day-to-day behavior and decision-making. Parents who prioritize their child’s safety, stability, emotional health, and relationships, and who demonstrate cooperation and sound judgment, are often in a stronger position both in and out of court. Understanding and applying the Pennsylvania custody factors can help parents make better choices, reduce conflict, and focus on what matters most: the long-term well-being of their child. It will also go a long way in improving parent-child and coparent relationships.

If you’re worried about how this applies to your case

You don’t have to guess. I’m on your side. Let’s figure out how to protect your child, your time, and your peace of mind while working toward the best possible outcome.

If you want to talk about how these factors apply to your situation, call me for a consultation at (610) 222-5959.