Child custody decisions are always based on the best interests of the child. This guide reflects PA law under 23 Pa.C.S.A. §5321 et seq. — consult a licensed attorney for case-specific advice.
Custody & Visitation
Pennsylvania custody law centers on the best interests of the child. Understanding the types of custody and the factors courts weigh will help you prepare.
Types of Custody in Pennsylvania
Legal Custody
The right to make major decisions about the child's education, health care, and religious upbringing.
Sole Legal Custody
One parent has exclusive decision-making authority.
Shared Legal Custody
Both parents share decision-making authority. This is the most common arrangement in PA.
Physical Custody
The right to have the child reside with you and to provide day-to-day care.
Primary Physical Custody
The child lives with one parent the majority of the time.
Shared Physical Custody
The child spends substantial time with both parents (not necessarily 50/50).
Partial Physical Custody
Less than 50% of the time — the non-primary parent's scheduled time.
Supervised Physical Custody
A parent's time with the child is supervised by a third party due to safety concerns.
16 Best Interest Factors
Under 23 Pa.C.S.A. §5328(a), courts must consider ALL of the following factors when determining custody:
Party likely to encourage frequent contact with the other parent
§ 5328(a)(1)
Present and past abuse by a party or household member
§ 5328(a)(2)
Parental duties performed by each party
§ 5328(a)(3)
Need for stability and continuity in the child's education, family, and community life
§ 5328(a)(4)
Availability of extended family
§ 5328(a)(5)
Child's sibling relationships
§ 5328(a)(6)
Well-reasoned preference of the child
§ 5328(a)(7)
Attempts by a parent to turn the child against the other parent
§ 5328(a)(8)
Which party is more likely to maintain a loving, stable environment
§ 5328(a)(9)
Which party is more likely to attend to daily needs of the child
§ 5328(a)(10)
Proximity of residences of the parties
§ 5328(a)(11)
Each party's availability to care for the child or make arrangements
§ 5328(a)(12)
Level of conflict between the parties
§ 5328(a)(13)
History of drug or alcohol abuse by a party or household member
§ 5328(a)(14)
Mental and physical condition of a party or household member
§ 5328(a)(15)
Any other relevant factor
§ 5328(a)(16)
Creating a Parenting Plan
A well-crafted parenting plan addresses the day-to-day logistics of shared parenting. Allegheny County strongly encourages parents to agree on a plan rather than letting the court decide.
Tips for Custody Cases
Keep a detailed parenting journal
Document your involvement in the child's daily life: school drop-offs, doctor visits, extracurricular activities, homework help.
Never disparage the other parent
Factor 8 of the best-interest test specifically penalizes attempts to alienate a child from the other parent.
Follow court orders exactly
Even minor violations (late pick-ups, skipping exchanges) are documented and can be held against you at the next hearing.
Communicate in writing
Use email, a co-parenting app (OurFamilyWizard, TalkingParents), or text messages. Courts prefer documented communication over he-said/she-said.
Attend all court-ordered programs
Complete the Kids First parenting education program promptly. Failure to attend delays your case and looks bad to the judge.
Be flexible when possible
Courts favor parents who demonstrate a willingness to cooperate. Rigidity on scheduling is a red flag in custody evaluations.
Child Support →
PA support guidelines and calculations.
Grandparent Rights →
Standing and visitation for grandparents.
Protection Orders →
PFA orders and emergency custody relief.
Need a Custody Agreement or Parenting Plan?
Get attorney-drafted custody documents tailored to your family's needs.
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