How Child Custody is Determined in Pennsylvania | Mette

If you are in the process of divorce, attempting to negotiate a child custody agreement that is fair for both you and your child can be incredibly stressful, even if you are on good terms with your former spouse. How child custody is determined in Pennsylvania depends on the child’s best interests and the circumstances surrounding each family. Our attorneys help parents understand and prepare for the custody process.

Pennsylvania Custody Factors

Pennsylvania courts determine custody based on the best interests of the child. The court considers the circumstances of the family as a whole rather than automatically favoring one parent or assuming that a particular schedule will work for every child. Under 23 Pa.C.S. § 5328, courts must consider all relevant factors when ordering custody, including:

• Each parent’s ability to provide appropriate care
• Each parent’s ability to meet the child’s physical, emotional, educational, and developmental needs
• The parents’ willingness to co-parent and communicate
• Whether each parent supports the child’s relationship with the other parent
• Whether either parent has tried to turn the child against the other parent
• The child’s need for stability
• The child’s relationships with siblings and other family members
• The child’s well-reasoned preference based on age and maturity
• The parents’ living arrangements
• Parental work schedules
• The mental and physical condition of a parent or household member
• Any other relevant circumstances

No single factor automatically determines custody. The court must consider the totality of the circumstances and decide what arrangement is in the child’s best interest.

Under 23 Pa.C.S. § 5338, a parent can ask the court to change an existing custody order if family circumstances have changed significantly. This can include changes in a child’s needs, a parent’s job, school arrangements, relocation, or significant safety concerns. The court may modify the order when doing so is in the best interest of the child.

Safety and Stability

Safety can have a significant impact on a custody decision. A history of physical abuse, violent conduct, substance abuse, or other circumstances that create a risk to the child can affect the type of custody arrangement the court considers appropriate.

Stability also matters in practical ways. A court may consider the child’s school, established routines, community connections, relationships with siblings, and the ability of each parent to provide consistent care. For example, a proposed move that would require a child to change schools and lose regular contact with extended family may require careful consideration.

Evidence Considered

Records and other evidence can help establish what has occurred in the child’s life and how a proposed custody arrangement could affect the child. Depending on the circumstances, relevant information may include:

• School records
• Medical records
• Calendars showing parenting time
• Communications between parents
• Documentation of missed exchanges
• Evidence concerning the child’s daily care
• Evidence relating to safety concerns

This preparation can be particularly important when parents disagree about the child’s routine, the quality of each parent’s involvement, or the reasons for communication problems.

Our Harrisburg Child Custody Lawyers Can Help You Navigate Your Case

If you need guidance from a child custody lawyer in Harrisburg, PA, contact Mette Attorneys at Law today by calling 717-232-5000 or by using our online contact form. We can help you understand your legal options and the next steps in your case.