By Mariah Mandy, Staff Writer
A child’s custody is a weighty decision with lasting effects. The role a parent plays influences the child’s environment, which undoubtedly impacts a child’s development. Recognizing the significance of these decisions, the Pennsylvania legislature passed The Child Custody Act.[1] Included in the statute is a list of sixteen factors meant to guide courts in determining the best interest of the child each and every time the court awards custody.[2]
Although the sixteen factors appear to be a systematic method for determining child custody, the factors are applied subjectively, with each parent’s actions taken into consideration. Collectively, the factors require a judge to consider, among other things, which party will facilitate contact with the other parent, present and past abuse, parental duties performed, need for stability in the child’s education, availability of extended family, sibling relationships, child’s preference, attempts of a parent to turn the child against other parent, proximity of the residences of the parties, level of conflict between the parties, and drug and alcohol abuse history.[3]
In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving weighted consideration to those factors which affect the safety of the child.[4] Therefore, if a factor weighs heavily in favor of one parent, but does not affect the child’s safety, the court is not required to base its decision on that factor. In expressing its reasoning for a decision, a trial court is not required to give detail; all that is required is that the enumerated [best interest] factors are considered and that the custody decision is based on those considerations.[5]
Custody awards are often appealed to the appellate court, but the appellate court is not permitted to alter a trial court’s decision that is based off the best interest factors. [The Superior Court] must accept findings of the trial court that are supported by competent evidence of record, as [the Superior Court’s] role does not include making independent factual determinations.[6] The appellate court is empowered to determine whether the trial court’s incontrovertible factual findings support its factual conclusions, but it may not interfere with those conclusions unless they are unreasonable in view of the trial court’s factual findings and thus represent a gross abuse of discretion.[7]
Ultimately, the paramount concern of the trial court is the best interest of the child. Appellate interference is unwarranted if the trial court’s consideration of the best interest of the child was careful and thorough and no abuse of discretion can be found.[8] From the above information, it is evident that the best interest factors are given significant authority in child custody cases, providing a basis for the trial court’s decisions, an assurance the child will be placed in the best care possible, and a standard of review for the appellate court.
Sources
[1] 23 Pa. Stat. and Consol. Stat. Ann. §§ 5321 – 5340 (West)
[2] Id. at § 5328
[3] Id.
[4] Id. at (a)
[5] J.M. v. T.C.M., 2017 Pa. Super. Unpub. LEXIS 3156 *6.
[6] M.J.M. v. M.L.G., 2013 Pa. Super. LEXIS 86 *14.
[7] J.M. v. T.C.M. at *3
[8] Id.
