Understanding the 16 Custody Factors in Pennsylvania
When determining custody arrangements in Pennsylvania, courts must prioritize the best interests of the child. This involves considering all relevant factors outlined in 23 Pa.C.S. § 5328. These factors, with specific emphasis on those affecting the safety of the child, provide a structured framework for custody decisions. Here is a detailed explanation of the factors and how they may impact your custody case:
1. Which party is more likely to ensure the safety of the child
The court prioritizes the safety of the child and examines which party can provide the safest environment.
2. The present and past abuse committed by a party or household member
This includes any history of abuse or existing protection orders for abuse or sexual violence. Ensuring the child’s safety from harm is paramount.
2.1 Child abuse and involvement with protective services
The court considers information regarding child abuse as outlined in section 5329.1(a).
2.2 Violent or assaultive behavior committed by a party
Evidence of violent or assaultive actions by a party is given substantial weight, especially if it impacts the child’s safety.
2.3 Encouragement of frequent and continuing contact
The court evaluates which party is more likely to encourage a relationship between the child and the other party, provided it is consistent with the child’s safety.
3. The parental duties performed by each party
Courts assess each party’s involvement in meeting the child’s day-to-day needs.
4. The need for stability and continuity
Stability in the child’s education, family life, and community life is critical, except where changes are necessary for safety.
5. The availability of extended family
The presence and involvement of supportive extended family members are considered.
6. The child’s sibling relationships
The court seeks to preserve meaningful relationships between siblings whenever possible.
7. The well-reasoned preference of the child
If the child is mature enough, their preference is considered based on their developmental stage, maturity, and judgment.
8. Attempts to turn the child against the other party
The court examines whether a party has tried to turn the child against the other, excluding reasonable measures taken for the child’s safety.
9. Maintaining a loving, stable, consistent, and nurturing relationship
The court looks at which party can best provide emotional support and stability for the child.
10. Meeting the child’s daily needs
Each party’s ability to attend to the child’s physical, emotional, developmental, and educational needs is considered.
11. Proximity of residences
The geographic distance between the parties’ homes can influence custody decisions, particularly regarding practicality and school considerations.
12. Availability to care for the child
The court considers each party’s availability and ability to arrange appropriate childcare.
13. Conflict levels and cooperation
High levels of conflict and unwillingness to cooperate can negatively impact custody decisions. Protective actions against abuse are not viewed as non-cooperation.
14. History of drug or alcohol abuse
Substance abuse by a party or household member is a significant factor in custody determinations.
15. Mental and physical condition of parties
Each party and household member's physical and mental health is considered to ensure the child’s well-being.
16. Any other relevant factor
The court may consider additional factors unique to the family’s circumstances that affect the child’s best interests.
Additional Considerations
Exception: Protective Actions
The court does not weigh actions taken to protect the child or an abused party against the protecting party if those actions were necessary and reasonable.
Totality of Circumstances
No single factor is determinative. Instead, the court examines the totality of the circumstances, giving weighted consideration to factors affecting the child’s safety.
Gender Neutrality
Custody decisions are made without preference based on the gender of the parties.
How We Can Help
Navigating custody cases in Pennsylvania can be complex and emotionally challenging. At Spadafore | Prather | Janes, we understand the intricacies of Pennsylvania custody law and how these factors apply to your unique situation. Our goal is to advocate for your rights and prioritize your child’s best interests. Contact us today to schedule a consultation and learn how we can assist you in achieving a favorable custody arrangement.