It’s Official: Pennsylvania’s New Child Custody Law is Now in Effect
On August 29, 2025, the landscape of child custody litigation in Pennsylvania has officially changed. The amended version of the custody statute, 23 Pa.C.S. § 5328, is now the law, and all custody cases moving forward will be evaluated under this new framework.
We have been preparing our clients for this transition. Now that it is here, we want to outline what these changes mean for you and your family.
A Quick Recap: What Changed?
The new law was designed to streamline the custody evaluation process, helping the court focus more efficiently on a child's best interest. The previous sixteen factors have been condensed, with several key concepts being consolidated into broader categories.
The two most significant changes were:
Consolidation of Co-Parenting Factors: Three previous factors covering cooperation, encouraging contact, and parental alienation have been merged into a single factor (New Factor 2.3) that evaluates the overall "level of cooperation and conflict."
A Broader View of Parenting: Three factors related to performing parental duties, maintaining a nurturing relationship, and attending to daily needs have been combined into one comprehensive factor (New Factor 3) focused on a parent's "willingness and ability to prioritize the needs of the child."
While some factors were modified or deleted, the core principle of the law remains unchanged: the safety of the child is paramount. The safety-related factors continue to receive the most significant weight from the court.
What the New Law Means for Custody Cases
With the law now in effect, here are the practical implications:
All New Filings: Any new custody complaint or petition for modification filed from this day forward will be exclusively governed by the new, streamlined list of factors.
Ongoing Cases: If you have a custody case that is currently open, any future hearings or conferences will be conducted under the new law. The court's analysis and the evidence required will align with the new structure.
Informing All Parties: As part of the new law, the court is now required to provide all parties with a written copy of the new custody factors at the beginning of a case. This ensures everyone is aware of the legal standards from the outset.
Navigating the New Framework
The goal of this legislative change was to bring more clarity and focus to custody proceedings. For parents, it underscores the importance of demonstrating a child-focused approach, a willingness to cooperate when safe and appropriate, and a consistent ability to meet all of your child's needs.
The legal strategy required to navigate a custody case successfully will adapt to this new reality. Understanding how to present evidence that speaks directly to these new, consolidated factors is key.
If you have questions about an ongoing custody matter, are considering filing for custody or a modification, or simply want to understand how the new law impacts your family, we are here to help. Please contact Attorney Elizabeth Spadafore and Attorney Kyle Janes at 814-332-6000 or inquiry@thebetterwaylaw.com to schedule a consultation.
Click here for a full list of the custody factors.
Disclaimer: This blog post is for general informational purposes only. You should never take legal advice from a blog post; instead, you should consult with an attorney for advice regarding your individual situation. The reading of this information does not constitute legal advice or create an attorney-client relationship.