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Pennsylvania

What are the custody factors in Pennsylvania?

Quick answer

Pennsylvania courts decide custody by the best interest of the child, considering all relevant factors and the list in 23 Pa.C.S. § 5328(a). The court gives substantial weighted consideration to the factors that affect the child’s safety: which party is more likely to ensure the child’s safety, present and past abuse, child abuse and protective services information, and violent or assaultive behavior.

Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026

The other listed factors

The list also includes the level of cooperation and conflict between the parties, each party’s willingness and ability to prioritize the child’s needs, the need for stability and continuity, sibling and family relationships, the well-reasoned preference of the child based on developmental stage, maturity, and judgment, the proximity of the residences, each party’s work schedule and child care arrangements, drug or alcohol abuse history, the mental and physical condition of a party or household member, and any other relevant factor.

How the factors are weighed

No single factor is determinative by itself; the court looks at the totality of the circumstances (§ 5328(a.2)). A factor is not weighed against a party if the circumstances were in response to abuse or necessary to protect the child or the abused party, and that party does not pose a risk to the child at the time of the hearing (§ 5328(a.1)). No party receives a preference based on gender (§ 5328(b)).

Between parents, there is no presumption that custody should be awarded to a particular parent (§ 5327(a)). The court must state the reasons for its decision on the record or in writing (§ 5323(d)).

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Where to check this

Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.

This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.

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