Navigating Child Custody: Understanding Pennsylvania’s 16 Key Factors
October 24, 2024


Having the right legal representation can make all the difference when navigating the complex landscape of child custody disputes. At Daley Zucker, our experienced attorneys understand the intricacies of Pennsylvania’s child custody laws, and we are dedicated to helping parents achieve the best possible outcome for their children.

While some reach agreements independently, others require judicial intervention. In these instances, having strong legal advocates by your side is crucial. Pennsylvania’s child custody laws outline 16 statutory factors that courts consider when awarding custody. These factors have recently changed due to the enactment of   and encompass various aspects of a child’s well-being and aim to ensure that custody arrangements prioritize the child’s safety, stability, and emotional needs. Our attorneys are well-versed in these factors and utilize them strategically to build strong cases for our clients.

Key Factors in Child Custody Determination in Pennsylvania

  1. Willingness to Prioritize the Child’s Safety: Each parent’s willingness and ability to ensure the safety of the child.
  2. History of Child Abuse: Any history of child abuse, including physical, emotional, sexual abuse, sexual violence protection orders, or protection from abuse orders, within either parent’s household.
  1. Parental Duties and Responsibilities: The performance of essential parental duties, such as providing housing, meals, education, medical care, and emotional support.
  2. Stability and Continuity: Maintaining stability in the child’s education, family life, and activities is prioritized to minimize disruption, except if necessary to protect the child’s safety or a party.
  1. Extended Family Support: The availability of extended family members, such as grandparents and siblings, to provide additional support and stability for the child.
  2. Sibling Relationships: Preserving sibling relationships and ensuring continued contact between siblings is important whenever possible. In most cases, this factor only applies to biological or adopted siblings (not step-siblings).
  3. Child’s Preference: If the child is mature enough to express a well-reasoned preference regarding custody, their opinion will be taken into consideration.
  4. Parental Alienation Attempts: Any attempts by either parent to alienate the child from the other parent are viewed unfavorably by the court. Reasonable safety concerns of the child and reasonable efforts to protect the child shall not be considered parental alienation. Nor shall a child’s negative or deficient relationship with a party be presumed to be parental alienation.
  5. Ability to Maintain a Nurturing Relationship: Each parent’s ability to maintain a loving, stable, consistent, and nurturing relationship with the child.
  6. Daily Care and Needs: The parent’s ability to attend to the child’s daily physical, emotional, developmental, educational, and special needs is considered.
  7. Proximity of Residences: The proximity of each parent’s residence to the child’s school, community, and activities is considered, with closer proximity often favoring shared custody.
  8. Childcare Arrangements: The ability of each parent to provide appropriate childcare arrangements.
  9. Level of Conflict: High levels of conflict between parents may impact custody arrangements and necessitate specific provisions in the custody order to mitigate its impact on the child. A party’s effort to protect a child or self from abuse by another party is not evidence of unwillingness to cooperate with that party.
  10. History of Substance Abuse: Any history of substance abuse by a parent or household member is carefully evaluated, with the safety of the child being paramount.
  11. Physical and Mental Health: The physical and mental health of each parent is assessed to ensure they can adequately care for the child’s needs.
  12. Other Relevant Factors: Any other relevant information that could impact the child’s health, safety, and emotional well-being.

At Daley Zucker, we believe that every child deserves a safe, nurturing, and stable environment in which to thrive. We are committed to advocating for the best interests of children and helping parents navigate the complexities of child custody disputes with compassion and expertise.

If you’re facing challenges in negotiating your child custody arrangement or have concerns about your rights as a parent, we’re here to help. Contact us today to schedule a consultation with one of our experienced child custody attorneys. Let us guide you through this challenging time and work towards securing a custody arrangement that serves the best interests of your child.



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