Child Custody Laws in Pennsylvania 2026: Complete Guide

Pennsylvania child custody law focuses on the best interests of the child, guided by 16 detailed statutory factors. Understanding the types of custody, Pennsylvania's comprehensive best interest analysis, and the court process is essential for parents navigating divorce or custody disputes.

Types of Child Custody in Pennsylvania

Pennsylvania recognizes two main categories of custody under 23 Pa.C.S. § 5322:

Legal Custody

Legal custody is the right to make major decisions affecting the child's welfare, including:

• Education (school choice, special education, tutoring)
• Healthcare (medical treatment, therapy, medications)
• Religion (religious upbringing and participation)
• Extracurricular activities (sports, arts, camps)

Shared Legal Custody: Both parents have equal rights to make major decisions (most common)

Sole Legal Custody: One parent has exclusive authority to make major decisions

Physical Custody

Physical custody determines where the child lives and the parenting time schedule:

• Primary Physical Custody: Child resides primarily with one parent, other parent has partial custody
• Shared Physical Custody: Child has substantial periods with both parents (not necessarily 50/50)
• Sole Physical Custody: Child resides with one parent, other parent may have supervised or no visitation
• Partial Physical Custody: Custody rights of parent without primary custody (visitation rights)

Pennsylvania's 16 Best Interest Factors

Pennsylvania statute 23 Pa.C.S. § 5328(a) requires courts to consider ALL of the following 16 factors:

1. Which party is more likely to encourage and permit frequent and continuing contact between the child and the other party (critically important factor)
2. Present and past abuse committed by a party or household member (domestic violence, child abuse)
3. Parental duties performed by each party on behalf of the child
4. Need for stability and continuity in the child's education, family life, and community life
5. Availability of extended family (grandparents, siblings, relatives)
6. Sibling relationships and impact on child
7. Child's well-reasoned preference based on child's maturity and judgment
8. Attempts to turn child against other parent (parental alienation)
9. Which party is more likely to maintain nurturing relationship with child
10. Which party is more likely to attend to daily physical, emotional, developmental, educational needs
11. Proximity of residences of the parties
12. Each party's availability to care for child or ability to arrange appropriate childcare
13. Level of conflict between parties and willingness/ability to cooperate
14. History of drug or alcohol abuse by party or household member
15. Mental and physical health of party or household member
16. Any other relevant factor affecting best interest of child

Child's Preference in Pennsylvania

Pennsylvania law on child preference (23 Pa.C.S. § 5328(a)(7)):

Key Points

• No magic age: Pennsylvania has no specific age when child can decide
• Must be "well-reasoned": Preference must be based on sound judgment, not manipulation
• Weight increases with age: Courts generally give more weight to teenagers (12-14+)
• Judge interviews child: Usually in chambers (not open courtroom)
• Not controlling: Preference is just ONE of 16 factors, not determinative
• Reasons matter: Court examines WHY child has preference

When Child's Preference Carries Less Weight

• Evidence of parental influence or manipulation
• Preference based on fewer rules or lax discipline
• Child too young to understand long-term implications
• Preference would harm child's best interest

Obtaining a Custody Order

Who Can File

Under Pennsylvania law, the following can seek custody:

• Parents (biological and adoptive)
• Grandparents (under certain circumstances)
• Individuals who stood in loco parentis (acted as parent for at least 12 months)
• Stepparents (in limited situations)

Filing Process

Step 1: File Complaint for Custody

• File in county where child has lived for at least 6 months
• Filing fee: approximately $107.13 (varies by county)
• Forms available at county prothonotary or online

Step 2: Service of Process

• Sheriff serves other party with complaint and notice
• Other party has 20 days to file answer

Step 3: Mandatory Parenting Education

Pennsylvania requires divorcing parents with children to complete a parenting education program:

• Typically 2-4 hours (varies by county)
• Covers effects of separation on children, co-parenting strategies
• Cost: $25-$75 (varies by county and provider)
• Must complete before final custody hearing

Step 4: Custody Conciliation Conference

Most Pennsylvania counties require conciliation before trial:

• Informal meeting with custody mediator/conciliator
• Attempt to reach agreement on custody schedule
• If agreement reached, submitted to court for approval
• If no agreement, case proceeds to custody trial

Step 5: Custody Trial (If No Agreement)

• Formal evidentiary hearing before judge
• Both parties present evidence and witnesses
• Judge applies 16 best interest factors
• Judge issues custody order

Shared Custody Arrangements

Pennsylvania increasingly recognizes shared physical custody when appropriate.

Common Shared Custody Schedules

Week On/Week Off (50/50)

• Child alternates weeks between parents
• Good for: School-age children, cooperative parents, parents live near each other

2-2-5-5 Schedule

• Parent A: Monday-Tuesday, then Thursday-Friday next week
• Parent B: Wednesday-Thursday, then Friday-Sunday next week
• Good for: Younger children (frequent contact with both parents)

2-2-3 Schedule

• Parent A: Monday-Tuesday, Parent B: Wednesday-Thursday, Alternate: Friday-Sunday
• Good for: Parents who want frequent transitions

Extended Weekend Schedule (70/30)

• One parent has weekdays, other has every weekend Friday-Monday
• Plus one midweek overnight
• Good for: Primary custody with substantial partial custody

Holiday and Vacation Schedules

Pennsylvania custody orders typically address:

• Alternating major holidays (Thanksgiving, Christmas, Easter)
• Child's birthday
• Mother's Day and Father's Day
• School breaks (winter, spring, summer)
• Summer vacation time (often 2-4 weeks each parent)

Relocation with Children

Pennsylvania has strict relocation laws (23 Pa.C.S. § 5337):

What Constitutes Relocation

A change in residence that "significantly impairs" the ability of the non-relocating party to exercise custody rights, including:

• Moving out of state (always requires compliance)
• Moving within Pennsylvania more than limited distance (varies by county, typically 50-100 miles)

Relocation Procedure

The relocating parent must:

1. Provide written notice to other parent at least 60 days before proposed move, including:
   • New address
   • New phone number
   • Date of relocation
   • Reasons for relocation
   • Proposed revised custody schedule
2. Other parent has 30 days to file counter-affidavit objecting to relocation
3. If objection filed: Court hearing required - judge decides if relocation is permitted
4. If no objection: Relocation permitted after 30 days

Relocation Factors

Court considers (23 Pa.C.S. § 5337(h)):

• Integrity of motives (both relocating and objecting party)
• Whether relocation will enhance quality of life for child and relocating party
• Impact on child's relationship with non-relocating party
• Feasibility of preserving relationship through substitute arrangements
• Child's preference (if of suitable age and maturity)
• Whether there's an established pattern of conduct by relocating party to interfere with other party's relationship
• Whether non-relocating party's opposition is to secure financial advantage

Modifying Custody Orders

Standard for Modification

To modify custody order, must show:

• Material change in circumstances affecting welfare of child, AND
• Modification serves best interest of child

Examples of Material Change

• Relocation of parent
• Parent's substance abuse or addiction
• Domestic violence
• Change in child's needs (medical, educational, developmental)
• Parent's interference with other parent's custody time
• Change in child's preference (if older child)
• Remarriage creating unsafe environment
• Parent's incarceration

Modification Process

1. File Petition to Modify Custody Order
2. Serve other parent
3. Attend conciliation conference
4. Hearing if no agreement (court applies 16 factors)

Enforcing Custody Orders

If Other Parent Violates Custody Order

You can file:

• Petition for Contempt: Other parent held in contempt, faces fines or jail
• Petition for Special Relief: Request make-up custody time
• Petition for Modification: Request change based on repeated violations

Parental Kidnapping

Under 18 Pa.C.S. § 2904, it's a crime to:

• Take or detain child with intent to conceal from parent with custody rights
• Remove child from jurisdiction without consent or court approval
• Retain child beyond custody time with intent to deprive other parent

Grandparent Custody and Visitation

Pennsylvania allows grandparents to seek partial custody or visitation (23 Pa.C.S. § 5325):

When Grandparents Can Seek Custody/Visitation

• Parents are separated or divorced
• One or both parents deceased
• Child lived with grandparent for at least 12 months
• Grandparent stood in loco parentis (acted as parent)

Burden of Proof

Grandparents must overcome presumption that fit parent acts in child's best interest by showing:

• Grandparent has established significant relationship with child
• Visitation/custody is in best interest of child
• Court applies same 16 factors

Custody and Domestic Violence

Pennsylvania takes domestic violence very seriously in custody cases:

Protection from Abuse (PFA) Orders

• Can include temporary custody provisions
• PFA custody orders are temporary until final custody hearing
• Supervised visitation may be ordered if safety concerns

Impact on Custody

Factor #2 (abuse) is critically important:

• Recent domestic violence strongly weighs against abuser
• Court may order supervised custody or no contact
• Completion of batterer's intervention may be required
• Protection of child is paramount consideration

Custody Evaluations

Courts may order professional custody evaluation (23 Pa.C.S. § 5329):

When Ordered

• High-conflict cases
• Allegations of abuse or substance abuse
• Mental health concerns
• Complex parenting time issues

What's Included

• Psychological testing of parents
• Interviews with children (age-appropriate)
• Home visits
• Review of records (medical, school, criminal)
• Collateral interviews (teachers, therapists, relatives)
• Written report with recommendations to court

Cost

• Typically $2,500-$10,000
• Usually split between parties or allocated based on income
• Fee waivers may be available for indigent parties

Costs and Fees

Frequently Asked Questions

At what age can a child decide which parent to live with in Pennsylvania?

Pennsylvania has no specific age. A child cannot legally decide until age 18. However, courts give significant weight to a mature child's "well-reasoned preference," typically around age 12-14 and older. The child's preference is just one of 16 best interest factors - it's considered but not controlling.

Does Pennsylvania favor mothers in custody cases?

No. Pennsylvania law does not favor mothers or fathers. Courts must apply the 16 best interest factors equally to both parents. The "tender years doctrine" (favoring mothers of young children) was abolished. Modern Pennsylvania law is gender-neutral.

What happens if I move without court permission in Pennsylvania?

If you relocate without following the relocation statute (60-day notice), the court can: hold you in contempt, order you to return with the child, modify custody to give other parent primary custody, or award attorney fees to other parent. Illegal relocation can severely damage your custody case.

How much does a custody case cost in Pennsylvania?

Filing fees are approximately $107-$150. Uncontested cases with agreement can cost $1,500-$5,000 total with attorney. Contested custody cases typically cost $5,000-$30,000+ in attorney fees depending on complexity, number of hearings, custody evaluations, and trial length.

Can my ex stop me from seeing my child in Pennsylvania?

Not without court order. If you have custody rights (even just partial custody), the other parent cannot unilaterally prevent you from seeing your child. If they interfere with your custody time, file for contempt and enforcement. Keep detailed records of violations. The court takes custody interference very seriously.

What if my child refuses to visit the other parent?

You still must comply with the custody order. Encouraging the child to visit is part of your obligation. Document the child's concerns and reasons. If serious safety issues exist, file emergency petition. Otherwise, consider counseling or modification petition. Simply allowing child to refuse can result in you being held in contempt.