By Abigail Palotas, Staff Writer
Any law student who has taken a family law course will likely recall learning long lists of factors that courts consider when determining alimony, equitable distribution, and child custody. Over 90% of Pennsylvania custody cases settle without trial, but for those that do, these factors guide courts in deciding the custody arrangement that serves the best interests of the child.[1] Prior Pennsylvania law outlined sixteen child custody factors:[2]
1. Safety of the child
2. Abuse or risk of harm
2.1. Child abuse and involvement with protective services
2.2. Violent or assaultive behavior
2.3. Cooperation between parties
3. Parental duties performed
4. Stability and continuity
5. Extended family
6. Sibling and other familial relationships
7. The child’s preference
8. Attempts to alienate or protect the child
9. Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child
10. Which party is more likely to attend to the child’s daily needs
11. Proximity of residences of the parties
12. Childcare arrangements
13. Conflict and cooperation between the parties
14. Substance abuse of a party or member of party’s household
15. Mental and physical health of a party or member of party’s household
16. Any other relevant factor
However, effective August 29, 2025, the Pennsylvania legislature amended Pennsylvania’s custody statute.[3]Under this amendment, the number of child custody factors was reduced from sixteen to twelve.[4] Some factors remain the same, but others are consolidated, combining related ideas into more comprehensive factors.[5] The goal of this amendment is to reduce redundancy between the factors without sacrificing thoroughness in courts’ analysis of complex family dynamics.[6] Specifically, Factors 8 and 13 are combined into Factor 2.3.[7] Additionally, Factors 9 and 10 are combined into Factor 3, creating a broader definition of “parenting,” which includes consideration of parental duties performed in the past, a party’s willingness to perform those duties in the future, and a party’s attendance to the child’s daily needs.[8] Factor 5, which considered extended family relationships, was deleted, and Factor 12 now explicitly includes consideration of each party’s employment schedule in addition to childcare arrangements.[9]
Importantly, the factors do not all receive equal weight.[10] Pennsylvania courts must still give “substantial weighted consideration” to the factors that affect the safety of the child, particularly Factors 1 (safety), 2 (abuse), 2.1 (child protective services), and 2.2 (violent or assaultive behavior).[11]
Additionally, the amendment adds a new subsection requiring the court to provide all parties with a copy of the custody factors within 30 days of the filing of a custody complaint or petition to ensure every parent is aware of the legal standards that will be applied in the case.[12]
Custody cases heard on or after August 29, 2025 will be decided using this new, streamlined list of twelve factors.[13] Hopefully, Pennsylvania’s amended child custody statute will serve the legislature’s goals of saving time, reducing court costs, and alleviating stress, while still allowing a court to thoroughly and holistically consider each family’s situation.[14]
[1] https://thebetterwaylaw.com/blog-/new-2025-pa-custody-factors; https://highswartz.com/legal-insights/family-law-in-pa-guide/;https://www.mcneeslaw.com/pennsylvania-child-custody-law-changes/
[2] 23 Pa. C.S. § 5328; https://www.mcneeslaw.com/pennsylvania-child-custody-law-changes/
[3] https://thebetterwaylaw.com/blog-/new-2025-pa-custody-factors
[4] https://www.mcneeslaw.com/pennsylvania-child-custody-law-changes/
[5] https://thebetterwaylaw.com/blog-/new-2025-pa-custody-factors
[6] https://www.mcneeslaw.com/pennsylvania-child-custody-law-changes/
[7] https://thebetterwaylaw.com/blog-/new-2025-pa-custody-factors
[8] Id.
[9] Id.
[10] https://www.courtneylaw.net/blog/16-factors-pennsylvania-courts-consider-in-child-custody-cases/
[11] https://thebetterwaylaw.com/blog-/new-2025-pa-custody-factors
[12] Id.
[13] Id.
[14] https://kingspry.com/new-pa-law-streamlines-child-custody-factors/