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<\/a>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]<\/sup><\/a> Prior Pennsylvania law outlined sixteen child custody factors:[2]<\/sup><\/a><\/p>\n\n\n\n 1. Safety of the child<\/p>\n\n\n\n 2. Abuse or risk of harm<\/p>\n\n\n\n 2.1. Child abuse and involvement with protective services<\/p>\n\n\n\n 2.2. Violent or assaultive behavior<\/p>\n\n\n\n 2.3. Cooperation between parties<\/p>\n\n\n\n 3. Parental duties performed<\/p>\n\n\n\n 4. Stability and continuity<\/p>\n\n\n\n 5. Extended family<\/p>\n\n\n\n 6. Sibling and other familial relationships<\/p>\n\n\n\n 7. The child\u2019s preference<\/p>\n\n\n\n 8. Attempts to alienate or protect the child<\/p>\n\n\n\n 9. Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child<\/p>\n\n\n\n 10. Which party is more likely to attend to the child\u2019s daily needs<\/p>\n\n\n\n 11. Proximity of residences of the parties<\/p>\n\n\n\n 12. Childcare arrangements <\/p>\n\n\n\n 13. Conflict and cooperation between the parties<\/p>\n\n\n\n 14. Substance abuse of a party or member of party\u2019s household<\/p>\n\n\n\n 15. Mental and physical health of a party or member of party\u2019s household<\/p>\n\n\n\n 16. Any other relevant factor<\/p>\n\n\n\n However, effective August 29, 2025, the Pennsylvania legislature amended Pennsylvania\u2019s custody statute.[3]<\/sup><\/a>Under this amendment, the number of child custody factors was reduced from sixteen to twelve.[4]<\/sup><\/a> Some factors remain the same, but others are consolidated, combining related ideas into more comprehensive factors.[5]<\/sup><\/a> The goal of this amendment is to reduce redundancy between the factors without sacrificing thoroughness in courts\u2019 analysis of complex family dynamics.[6]<\/sup><\/a> Specifically, Factors 8 and 13 are combined into Factor 2.3.[7]<\/sup><\/a> Additionally, Factors 9 and 10 are combined into Factor 3, creating a broader definition of \u201cparenting,\u201d which includes consideration of parental duties performed in the past<\/em>, a party\u2019s willingness to perform those duties in the future<\/em>, and a party\u2019s attendance to the child\u2019s daily needs.[8]<\/sup><\/a> Factor 5, which considered extended family relationships, was deleted, and Factor 12 now explicitly includes consideration of each party\u2019s employment schedule in addition to childcare arrangements.[9]<\/sup><\/a><\/p>\n\n\n\n Importantly, the factors do not all receive equal weight.[10]<\/sup><\/a> Pennsylvania courts must still give \u201csubstantial weighted consideration\u201d 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]<\/sup><\/a><\/p>\n\n\n\n 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]<\/sup><\/a><\/p>\n\n\n\n Custody cases heard on or after August 29, 2025 will be decided using this new, streamlined list of twelve factors.[13]<\/sup><\/a> Hopefully, Pennsylvania\u2019s amended child custody statute will serve the legislature\u2019s goals of saving time, reducing court costs, and alleviating stress, while still allowing a court to thoroughly and holistically consider each family\u2019s situation.[14]<\/sup><\/a><\/p>\n\n\n\n [1]<\/sup><\/a> https:\/\/thebetterwaylaw.com\/blog-\/new-2025-pa-custody-factors<\/a>; https:\/\/highswartz.com\/legal-insights\/family-law-in-pa-guide\/<\/a>;https:\/\/www.mcneeslaw.com\/pennsylvania-child-custody-law-changes\/<\/a><\/p>\n\n\n\n [2]<\/sup><\/a> 23 Pa. C.S. \u00a7 5328; https:\/\/www.mcneeslaw.com\/pennsylvania-child-custody-law-changes\/<\/p>\n\n\n\n [3]<\/sup><\/a> https:\/\/thebetterwaylaw.com\/blog-\/new-2025-pa-custody-factors<\/p>\n\n\n\n [4]<\/sup><\/a> https:\/\/www.mcneeslaw.com\/pennsylvania-child-custody-law-changes\/<\/p>\n\n\n\n [5]<\/sup><\/a> https:\/\/thebetterwaylaw.com\/blog-\/new-2025-pa-custody-factors<\/p>\n\n\n\n [6]<\/sup><\/a> https:\/\/www.mcneeslaw.com\/pennsylvania-child-custody-law-changes\/<\/p>\n\n\n\n [7]<\/sup><\/a> https:\/\/thebetterwaylaw.com\/blog-\/new-2025-pa-custody-factors<\/p>\n\n\n\n [8]<\/sup><\/a> Id. <\/p>\n\n\n\n [9]<\/sup><\/a> Id. <\/p>\n\n\n\n [10]<\/sup><\/a> https:\/\/www.courtneylaw.net\/blog\/16-factors-pennsylvania-courts-consider-in-child-custody-cases\/<\/p>\n\n\n\n [11]<\/sup><\/a> https:\/\/thebetterwaylaw.com\/blog-\/new-2025-pa-custody-factors<\/p>\n\n\n\n [12]<\/sup><\/a> Id. <\/p>\n\n\n\n
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