Navigating the New Landscape: Major Changes Coming to Pennsylvania Custody Law in 2025
For Immediate Release
To: Our Clients and the Community
From: Kyle Janes, Esq. and Elizabeth Spadafore, Esq., Spadafore | Prather | Janes
Date: July 23, 2025
As a law firm dedicated to helping families navigate the complexities of child custody, we believe it is essential to stay informed about and prepared for legislative changes. A significant update to Pennsylvania’s child custody law is on the horizon, and we want to ensure you are prepared.
Effective August 29, 2025, the Pennsylvania legislature has amended the custody statute, specifically 23 Pa.C.S. § 5328, which lists the factors the court must consider when determining the best interest of a child.
While some factors remain the same, the new law streamlines, consolidates, and re-prioritizes others. Understanding these changes is vital for anyone involved in a current or future custody matter.
The Goal: A More Streamlined and Modern Approach
The previous version of the statute contained sixteen distinct factors. The new law condenses this list, not by removing concepts entirely, but by combining related ideas into more comprehensive factors. The aim is to create a more logical flow for the court and to focus on the most critical aspects of a child's well-being.
Let's break down the most important changes.
Key Change 1: Consolidation of Co-Parenting Factors
One of the most significant changes is the consolidation of several old factors related to the parents' relationship with each other.
Old Law: The old law had separate factors for encouraging contact with the other parent (Factor 2.3), attempts to turn the child against the other parent (Factor 8), and the level of conflict and cooperation (Factor 13).
New Law: These concepts are now combined into a single, powerful new Factor (2.3): The level of cooperation and conflict between the parties. This new factor explicitly includes:
Which party is more likely to encourage contact with the other parent.
Attempts by a party to turn the child against the other party (often referred to as parental alienation).
What this means: By grouping these elements, the court is encouraged to look at the entire picture of the co-parenting dynamic. It’s no longer about checking separate boxes but about evaluating the overall ability of the parents to work together for the benefit of their child. The law maintains important protections, clarifying that reasonable safety measures taken in response to abuse do not count as a failure to cooperate.
Key Change 2: A Broader Definition of "Parenting"
The new law also consolidates several factors related to parental duties into a single, holistic factor.
Old Law: Separate factors considered past parental duties (Factor 3), maintaining a loving and nurturing relationship (Factor 9), and attending to the child’s daily needs (Factor 10).
New Law: These are now incorporated into the new Factor (3): A willingness and ability of a party to prioritize the needs of the child... This new factor requires the court to consider:
Parental duties performed in the past.
Whether the party is willing and able to perform those duties in the future.
Attending to the daily physical, emotional, developmental, educational, and special needs of the child.
What this means: This change emphasizes a forward-looking approach. It’s not just about what a parent has done, but about their demonstrated capacity and commitment to prioritize the child’s needs moving forward. It combines the practical (packing lunches, doctor visits) with the emotional (nurturing, stability) into a single, comprehensive evaluation of a parent's ability.
Key Change 3: Deleted and Modified Factors
Extended Family (Old Factor 5): The standalone factor regarding the "availability of extended family" has been deleted.
Sibling and Familial Relationships (New Factor 6): The old "child's sibling relationships" factor has been broadened to "The child's sibling and other familial relationships." This subtle change suggests that while a general "availability of extended family" is no longer a specific factor, the child's actual, established relationships with grandparents, aunts, uncles, and cousins can still be considered from the child's perspective.
Employment Schedule (New Factor 12): The factor considering a party's availability has been clarified to specifically include "Each party's employment schedule." This is a minor but practical update reflecting the realities of modern work life.
What Stays the Same? The Unwavering Focus on Safety
It is critical to note what has not changed. The court must still give "substantial weighted consideration" to the factors that affect the safety of the child. These primary factors remain:
(1) Which party is more likely to ensure the child's safety.
(2) Present and past abuse.
(2.1) Information from child protective services.
(2.2) Violent or assaultive behavior.
The core principle that a child's safety is paramount remains the bedrock of Pennsylvania custody law. Other key factors, such as the child's well-reasoned preference (Factor 7), the proximity of the parties' homes (Factor 11), and issues related to drug/alcohol abuse or mental/physical health (Factors 14 & 15), also remain unchanged.
A New Procedural Requirement
The amended law adds a new subsection (d), which requires the court to provide all parties with a copy of the custody factors within 30 days of the filing of a custody complaint or petition. This ensures that every parent is aware of the legal standards that will be applied in their case from the very beginning.
What These Changes Mean for Future Custody Cases
Any custody case heard on or after August 29, 2025, will be decided using this new, streamlined list of factors. The practical effect is that the court's analysis will be more focused on these consolidated areas. For example, the new co-parenting factor (2.3) will encourage a holistic examination of the parents' dynamic, and the new parenting factor (3) will guide the court in evaluating a parent's overall ability to provide care.
The legal strategy for presenting a custody case will naturally adapt to this new framework, with an emphasis on the evidence that speaks directly to these refined factors. Change in the law can be unsettling, but these amendments are designed to help courts focus more effectively on what truly matters: your child’s best interest.
If you have questions about how these changes might impact the legal landscape of child custody, or if you are considering filing for custody or a modification, it is more important than ever to seek experienced legal counsel. Please contact Spadafore | Prather | Janes at 814-332-6000 or inquiry@thebetterwaylaw.com to schedule a consultation.
Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. The reading of this information does not create an attorney-client relationship. You should consult with an attorney for advice regarding your individual situation.