Custody & Parenting Plans
Child custody is often the most emotionally charged issue in a PA divorce or separation. Pennsylvania courts use a detailed 16-factor best-interest test under 23 Pa.C.S.A. § 5328 to decide custody arrangements. Understanding this framework helps you prepare effectively.
Types of Custody in PA
Pennsylvania recognizes four types: (1) Legal Custody — the right to make major decisions (education, medical, religious). (2) Physical Custody — where the child lives day-to-day. (3) Primary Physical Custody — the parent with whom the child lives most of the time. (4) Shared Physical Custody — each parent has the child at least 35% of the time. Courts can award sole or shared custody of each type independently.
The 16 Best-Interest Factors
Judges evaluate: which parent is more likely to encourage contact with the other parent, present and past abuse, parental duties performed, stability of each home, sibling relationships, child's preference (if mature enough), attempts to turn the child against the other parent, which parent is more likely to maintain a loving relationship, community ties, availability of extended family, the child's age and developmental needs, and each parent's mental and physical condition. Factor 8 — willingness to encourage the other parent's relationship — is often decisive.
Creating a Parenting Plan
A parenting plan should cover: regular weekly schedule (school year and summer), holiday rotation (Thanksgiving, Christmas, spring break, etc.), birthday and special occasion arrangements, vacation time and notice requirements, transportation and exchange logistics, communication schedule with the non-custodial parent, how to handle school events and extracurriculars, relocation provisions, and a dispute resolution process (mediation before court).
Custody Conciliation
In Allegheny County, custody cases begin with a conciliation conference. A court-appointed conciliator (often an experienced family attorney) meets with both parties to try to reach agreement. If agreement is reached, it becomes a consent order. If not, the case proceeds to a custody hearing before a judge. Completing the Kids First parenting education program is required.
Tips for Custody Hearings
Document your involvement in the child's daily life. Keep a parenting journal with school events, medical appointments, and activities. Never disparage the other parent in front of the child. Communicate in writing (email or a co-parenting app). Follow existing orders exactly — even small violations are held against you. Show flexibility and willingness to cooperate. Courts strongly favor parents who demonstrate maturity and put the child's needs first.
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Full Custody & Visitation GuideDisclaimer: This guide is for educational purposes only and does not constitute legal advice. Every case is different. For guidance specific to your situation, consider booking a consultation with a PA licensed attorney.