PA Custody Factors: The best interest of the child

PA Custody Factors: The best interest of the child

In Pennsylvania, child custody decisions are made based on what is in the best interest of the child. The state uses 16 factors to determine this, and while there are two primary types of custody—physical custody (where the child lives) and legal custody (who makes major decisions about the child’s upbringing)—the factors considered are similar for both types. Here are the main factors the courts use when determining custody in Pennsylvania:

1. Which party is more likely to encourage and permit frequent and continuing contact between the child and another party?
2. Is there present and past abuse* committed by a party or member of the party’s household? Is there a continued risk of harm to the child or an abused party? Which party can better provide adequate physical safeguards and supervision of the child? (*Abuse as defined in section 6102 of the Protection From Abuse Act).
3. What are the parental duties performed by each party on behalf of the child?
4. What is the need for stability and continuity in the child’s education, family life and community life?
5. What is the availability of extended family?
6. What are the child’s sibling relationships?
7. What is the well-reasoned preference of the child, based on the child’s maturity and judgment?
8. Are there (or have there been) attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm?
9. Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child that is adequate for the child’s emotional needs?
10. Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child?
11. What is the proximity of the parties’ residences? .
12. What is the availability of each party to care for the child or their ability to make appropriate child-care arrangements?
13. What is the level of conflict between the parties? Is there a willingness and ability of the parties to cooperate with one another, keeping in mind that a party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party?
14. What is the history of drug or alcohol abuse of a party or member of a party’s household?
15. What is the mental and physical condition of a party or member of a party’s household?
16. What are any other relevant factors that should be considered?

As a party to a custody case it is important to know the factors and understand the relevance and importance of each factor in your custody case. At the Law Office of Gregory J. Pagano, we first seek to educate our client’s about the process, system and factors considering in child custody matters.