Casewell
The sixteen-factor framework
Section 5328 lists sixteen factors a Pennsylvania judge must consider. They include:
- which parent is more likely to encourage the child's bond with the other
- the parental duties each one performs
- stability, and the child's bonds with brothers and sisters
- the child's preference
- any history of abuse
Use that list as your checklist. For each factor that matters in your case, decide what evidence you have.
For the statute itself, including the custody factors, moving rules and how to file, see our guide to Pennsylvania custody laws.
Custody types you can ask for
Pennsylvania separates legal custody (major decisions) from physical custody (where the child lives). Physical custody comes in shared, primary, partial, sole and supervised forms. "Full custody" often means sole legal plus primary or sole physical.
Name the combination you want. Each form calls for different proof, and the statute treats them distinctly.
Neither parent starts ahead
Section 5327 states there is no presumption in favor of either parent. Gender gives no advantage, and the outcome depends on the factors applied to your family.
Courts often stress one factor: which parent better supports the child's bond with the other. Keep that in mind before you document conflict.
What the numbers can't tell you
The household shares above describe Pennsylvania living arrangements, not custody orders. A child can live mostly with one parent under a shared-custody order.
Use the figures as context, then set them aside. The sixteen factors and your evidence decide the case.
Documenting against the factors
Because the factors are specific, your record can be too. Log parenting duties performed, exchanges, missed time, and how each parent supports the child's schooling and health.
Casewell keeps dated entries and their sources together. A Pennsylvania lawyer can then match your evidence to section 5328 instead of hunting for it.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
Getting ready to file
Save the current order or agreement, track parenting time for a few weeks, and draft your proposed schedule in plain, step-by-step detail.
Then review it with a Pennsylvania family-law lawyer, who can weigh it against the sixteen factors and your county's local practice.
Full-custody evidence checklist for Pennsylvania
Use this before asking a lawyer or adviser to assess a pattern.
Turn scattered evidence into a usable case record
Casewell keeps dated events and their supporting files together, so a lawyer can review the sequence without rebuilding it from screenshots. Clear documentation may strengthen the presentation of abuse, unsafe care or repeated non-cooperation and improve your preparation. Start your Casewell record today.
Does Pennsylvania publish a full-custody success rate?
No. Public data does not provide a complete percentage of Pennsylvania cases in which mothers or fathers receive sole legal and physical custody. Household statistics describe where children live, not court outcomes.
Do these statistics show that mothers get custody more often in Pennsylvania?
They show the sex of the household householder in a living-arrangement table. They do not show legal custody, parenting-time percentages, the reason for the arrangement, or whether a court was involved.
Can documentation improve my chances of custody?
Yes. Good records can definitely improve your chances. They help you arrive prepared with clear, dated evidence in the right format. They give your lawyer a head start, saving time and fees. They cannot guarantee an outcome, but they can strengthen your case.
What should I record first?
Start with the current arrangement. Then log each important change: the date, what was expected, what you saw, the source, the effect on the child, your response and the outcome. Use Casewell to keep the entry and supporting file together.
Sources
Statistics are 2024 ACS 5-year estimates from Census table B09005. The values are checked against the official Census table-based data file. The table measures children's household living arrangements, not legal custody or court outcomes; the Census table, data file, and secondary machine-readable mirror are linked so the calculation can be reproduced.
- U.S. Census Bureau, ACS 2024 5-year table B09005 for Pennsylvania checked
- U.S. Census Bureau, official 2024 ACS 5-year table-based B09005 data file checked
- Machine-readable ACS 2024 5-year B09005 values (Census Reporter mirror) checked
- U.S. Census Bureau, Custodial Parents and Their Child Support: 2022 checked