Custody And Parenting Time
23 Pa.C.S. 5328 — the best interest of the child, with safety weighed first
In Pennsylvania, the court decides every form of custody by the best interest of the child, considering all relevant factors and giving substantial weighted consideration to the ones that affect the child's safety: which party is more likely to keep the child safe, abuse by a party or a household member, and violent or assaultive behavior by a party.
- The level of cooperation and conflict between the parties, and which is more likely to encourage contact with the other where that is safe.
- Each party's willingness and ability to put the child's needs first and the parental duties each has performed.
- The need for stability in the child's education, family and community life.
- The well-reasoned preference of the child, based on the child's maturity and judgment.
- The distance between the parties' homes, and each party's work schedule and availability.
- A party's history of drug or alcohol abuse, and the mental and physical condition of a party.
No preference based on gender, and no single factor decides. No party receives a preference based on gender, and no single factor is by itself determinative. The court's reasons are stated on the record or in a written opinion or order.
The court may award shared, primary, partial, sole or supervised physical custody, and shared or sole legal custody. Within 30 days of receiving a custody complaint or petition, the court gives every party a copy of the factors section.
Sources for this section (2)
- 23 Pa.C.S. 5328 — Factors to consider when awarding custody
- 23 Pa.C.S. 5323 — Award of custody
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.