The law in plain words
Under 23 Pa.C.S. § 5328, a Pennsylvania judge decides every form of custody on the child's best interest. The factors that affect the child's safety get substantial weighted consideration.
The types of custody
Pennsylvania lets a court award seven kinds of custody, in any mix that serves the child.
- Shared legal custody: more than one person makes major decisions on health, religion and school.
- Sole legal custody: one person makes those decisions alone.
- Primary physical custody: the child is with you most of the time.
- Partial physical custody: the child is with you less than half the time.
- Shared physical custody: each parent has significant time.
- Sole physical custody: one parent alone has the child.
- Supervised physical custody: a professional or an approved adult watches the visits.
Where the court starts
Section 5327 says there is no presumption that custody should go to a particular parent. Section 5328 bars any preference based on gender.
No single factor decides the case. The judge must explain the decision in open court or in writing.
Within 30 days of a custody complaint, the court must also send both parents a copy of section 5328.
The current custody factors
A 2025 law, Act 11, rewrote the list. These are the factors in force since late August 2025:
- which parent is more likely to keep the child safe
- present and past abuse by a parent or someone in their home
- child abuse reports and child protective services history
- violent or assaultive behavior by a parent
- how well the parents cooperate, and how much conflict there is
- each parent's willingness to put the child's needs first
- stability in school, family and community life
- siblings and other family relationships
- the child's well-reasoned preference
- how close the parents live to each other
- each parent's work schedule and childcare
- any drug or alcohol abuse in a parent's home
- the mental and physical health of a parent or household member
- anything else relevant
The first four are the safety factors, and they carry the most weight. The statute keeps its own numbering, so a lawyer may cite them differently.
What older guides get wrong
Many guides still list the old factors. Act 11 removed some and merged others. Extended family is no longer a separate factor, though family bonds still count.
Turning a child against the other parent is still weighed, now under cooperation and conflict. A poor relationship with one parent is not presumed to be the other parent's fault.
Safety rules since 2024
Act 8 of 2024, widely known as Kayden's Law, added safety rules that took effect in August 2024.
If the court finds an ongoing risk of abuse, it presumes that parent should have supervised custody only. A professional supervisor is preferred.
When a court gives time to a parent with a history of abuse, the order must set out safety conditions and the reasons.
Acting to protect a child from abuse cannot count against you. Neither can temporary unstable housing caused by abuse.
Is it hard to get full custody in PA?
Sole custody is decided on the same factors as any other order. With no presumption either way, the case turns on the evidence each parent brings.
Safety evidence matters most, because those four factors carry substantial weight. Specific, dated facts persuade a judge more than general complaints about the other parent.
Mothers' and fathers' rights
Pennsylvania law treats both parents equally. Either parent can file for any form of custody under section 5324, married or not.
The law does not favor either gender or either parent. The difference for unmarried fathers is legal paternity, covered below.
If you were never married
A father can sign an acknowledgment of paternity under 23 Pa.C.S. § 5103, with the mother's witnessed consent. He then gains the rights of a married father. Hospitals offer the form at birth.
Either signer can withdraw it within 60 days. A court or administrative case about the child can end that right sooner. After that, it can only be challenged for fraud, duress or a material mistake of fact.
If the child has no legal father, a man filing for custody must attach a paternity claim to his complaint.
Your child's preference
The child's well-reasoned preference is one factor, judged by the child's maturity and judgment. It is not one of the weighted safety factors.
Pennsylvania sets no age at which a child decides. A guardian ad litem, if appointed, tells the court what the child wants.
Moving with your child
A relocation is a move that significantly impairs the other parent's custody time. Under section 5337, it needs everyone's consent or the court's approval.
Notice goes by certified mail at least 60 days before the move. It must include the new address, the school and a proposed new schedule.
The other parent has 30 days to object with the court. Without an objection, they are presumed to consent.
The moving parent must prove the move serves the child. Moving without notice can lead to an order to bring the child back.
Parenting plans
In a contested case, the court may ask each parent for a parenting plan under section 5331. It covers the schedule, holidays, school, religion, health care, child care, transport and how disputes are settled.
The other parent cannot use your plan as evidence against you.
Changing a custody order
Under section 5338, a court can change a custody order whenever that serves the child's best interest. You start by filing a petition to modify.
If you learn the other parent faces certain criminal charges, you can ask for a quick hearing on a temporary change.
How to file for custody in Pennsylvania
Custody cases are heard in the Court of Common Pleas. You usually file in the child's home county, where they have lived for the past six months.
- File a custody complaint on the court's standard form, verified under oath.
- File the criminal record and abuse history form by your first in-person court date or within 30 days of being served, whichever comes first. Serve it on the other parent at least one day before.
- Attend what the court orders. That may include a parenting class or a mediation orientation.
- Mediate only if both agree. The court cannot order a mediation orientation where there has been domestic violence or child abuse.
Forms and fees differ by county, so check your county court's family division.
What changed in 2024 and 2025
Three laws changed Pennsylvania custody recently.
- Act 8 of 2024 (August 2024): safety conditions, a supervised-custody presumption where abuse risk continues, and new protections for protective parents.
- Act 11 of 2025 (late August 2025): the factor list was rewritten and shortened.
- Act 40 of 2025 (November 2025): new rules for custody when a parent is deployed with the military.
Building the record
Pennsylvania's heaviest factors are about safety, and the next is cooperation and conflict. Both are answered with dated facts.
Note each incident, each exchange and each message about the child as it happens. Casewell keeps those notes and the files behind them together. A lawyer can then read a clear timeline.
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.
A Pennsylvania factor-by-factor record
Judges must explain their decision against the factors. Keep these items current so your facts line up with them.
Keep the record Pennsylvania's factors ask for
Casewell keeps your dated entries, the messages behind them and any safety notes in one private place. Export the period a lawyer needs as a focused PDF.
How is child custody determined in Pennsylvania?
A judge applies the best-interest factors in 23 Pa.C.S. § 5328. The four safety factors get substantial weight, and no single factor decides the case.
What are the new custody factors in Pennsylvania?
Act 11 of 2025 rewrote the list from late August 2025. It removed some factors, merged others, and folded cooperation and conflict into one factor.
What rights do fathers have in PA?
The same as mothers. Section 5328 bars any gender preference, and section 5327 sets no presumption between parents. An unmarried father may first need to establish paternity.
Is it hard to get full custody in PA?
There is no presumption for or against sole custody. A judge decides on the same factors, and safety evidence carries the most weight.
How much notice do I need to move with my child in PA?
At least 60 days, by certified mail, for a move that significantly affects the other parent's custody time. The other parent then has 30 days to object.
Do I have to go to custody mediation in Pennsylvania?
A court may order a mediation orientation, but mediation itself needs both parents' consent. Orientation cannot be ordered where there has been domestic violence or child abuse.
Sources
This page summarizes 23 Pa.C.S. Chapter 53, as amended in 2024 and 2025, and Pennsylvania court rules as of October 2026. It explains the law in general terms and is not legal advice.
- 23 Pa.C.S. Chapter 53 — child custody, including §§ 5322–5338 checked
- Act 11 of 2025 (HB 378) — rewrote the § 5328 custody factors checked
- Act 8 of 2024 (SB 55) — safety conditions and supervised custody checked
- 23 Pa.C.S. Chapter 51 — acknowledgment of paternity (§ 5103) checked
- Pa.R.C.P. 1915.2 — where to file a custody action checked
- Pa.R.C.P. 1940.3 — mediation orientation and consent checked