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Pennsylvania Streamlines Child Custody Factors: What You Need to Know for Custody in 2026
Effective August 29, 2025, Pennsylvania consolidated its child custody factors from 16 down to 12, making the process more focused while maintaining strong protections for children.
Why the Change?
For years, Pennsylvania courts evaluated custody cases using 16 separate factors. While comprehensive, this approach often led to lengthy proceedings, increased costs, and added stress for families. Representative Liz Hanbidge championed Act 11 of 2025 (House Bill 378) with bipartisan support, consolidating the factors into a more streamlined framework. The substance of the old factors remains, but the organization is clearer and more efficient.
These changes build on Kayden’s Law (Act 8 of 2024), which took effect in August 2024 and enhanced safety protections in custody cases. The new structure keeps those protections while eliminating redundancy.
The 12 Custody Factors Under 23 Pa.C.S. § 5328
Courts must give “substantial weighted consideration” to the first four factors, which relate to the safety of the child. Here is the complete list:
Factor 1: Which party is more likely to ensure the safety of the child. § 5328(a)(1)
Factor 2: The present and past abuse committed by a party or member of the party’s household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse. § 5328(a)(2)
Factor 2.1: The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services). § 5328(a)(2.1)
Factor 2.2: Violent or assaultive behavior committed by a party. § 5328(a)(2.2)
Factor 2.3: The level of cooperation and conflict between the parties, including:
Factor 3: A willingness and ability of a party to prioritize the needs of the child by providing appropriate care, stability and continuity for the child, considering the parental duties performed by the party on behalf of the child in the past and whether the party is willing and able to perform the duties in the future, and attend to the daily physical, emotional, developmental, educational and special needs of the child. § 5328(a)(3)
Factor 4: The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party. § 5328(a)(4)
Factor 5: The child’s sibling and other familial relationships. § 5328(a)(5)
Factor 6: The well-reasoned preference of the child, based on the child’s maturity and judgment. § 5328(a)(7)
Factor 7: The proximity of the residences of the parties. § 5328(a)(8)
Factor 8: Each party’s employment schedule and availability to care for the child or ability to make appropriate child-care arrangements. § 5328(a)(9)
Factor 9: The history of drug or alcohol abuse of a party or member of a party’s household. § 5328(a)(10)
Factor 10: The mental and physical condition of a party or member of a party’s household. § 5328(a)(11)
Factor 11: Any other relevant factor. § 5328(a)(12)
What Changed from the Previous 16 Factors
Consolidation, Not Elimination
The old 16 factors haven’t disappeared—they’ve been reorganized. For example, the previous separate factors for “parental duties performed” and “which party can provide stability” are now combined into Factor 3, which addresses a party’s willingness and ability to prioritize the child’s needs. The old separate factors for sibling relationships and extended family are now combined into a single factor about the child’s familial relationships.
Safety Factors Get Priority
Factors 1, 2, 2.1, and 2.2—safety, abuse history, child protective services involvement, and violent behavior—now receive “substantial weighted consideration.” This codifies what Kayden’s Law started: courts must give extra attention to anything that could put a child at risk.
Parental Alienation Language Significantly Updated
Factor 2.3 includes critical protections that didn’t exist under the old framework. Good faith efforts to protect a child’s safety cannot be used as evidence that a parent is uncooperative. Reasonable safety measures in abuse cases won’t count against a protective parent. And importantly, a child’s negative relationship with one parent is no longer presumed to be caused by the other parent. This addresses longstanding concerns about how “parental alienation” claims were being used against abuse victims.
Protection for Abuse Victims
Section 5328(a.1) provides that factors cannot be held against a party if the circumstances arose from abuse or were necessary to protect the child or the abused party. Temporary housing instability resulting from abuse cannot be used against the party alleging abuse. This recognizes the reality that leaving an abusive situation often creates short-term disruption.
Courts Must Provide the Factors to Parties
New subsection (d) requires courts to provide all parties with a copy of the custody factors within 30 days of receiving a custody complaint, modification petition, or petition to intervene. This ensures everyone knows the standards from the start of the case.
What This Means for Your Case
If you’re currently in a custody dispute or anticipate one, here’s what matters. First, understand that safety concerns now carry more weight than ever. If there’s any history of abuse, domestic violence, or protective services involvement, be prepared to address it head-on. Second, the consolidation means your case may move faster, but you still need to present evidence on all relevant factors. Third, if you’ve taken steps to protect yourself or your child from an abusive situation, those actions should not be used against you—and the statute now explicitly says so.
The best interest of the child remains the north star. Section 5328(a.2) confirms that no single factor decides a case—courts must examine the totality of circumstances, giving weighted consideration to factors affecting safety. What’s changed is how the analysis is organized, with a clearer emphasis on child safety and explicit protections for parents who act to protect their children from harm.
If you have questions about how these changes affect your custody situation, contact our office for a consultation: (412) 303-9566. Understanding these factors—and how to present your case effectively under the new framework—can make a significant difference in the outcome.
Effective late November 2025, Pennsylvania’s Uniform Deployed Parents Custody and Visitation Act provides service members with stronger protections when deployment disrupts custody arrangements.
What Changed?
On October 27, 2025, Governor Shapiro signed Act 2025-40 into law, replacing Pennsylvania’s previous military custody provisions with a comprehensive framework based on the Uniform Law Commission’s model act. If you or your co-parent serves in the military, these changes directly affect how custody is handled during deployment.
Who Does This Law Cover?
The new law covers a broader range of service members than before. It applies to members of the Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, Pennsylvania National Guard, Merchant Marine, Public Health Service Commissioned Corps, and NOAA Commissioned Corps. Deployment is defined as movement to a location for at least 30 consecutive days under orders that don’t allow family members to accompany the service member.
Key Protections for Deploying Parents
Courts Cannot Penalize Military Service
One of the most important provisions: courts cannot treat a parent’s past deployment or possible future deployment as inherently negative when determining the child’s best interest. This prevents the non-deploying parent from using military service against you in custody proceedings.
Two Pathways for Temporary Custody Arrangements
The law creates two ways to handle custody during deployment. First, parents can enter into a written agreement that temporarily modifies custody without going to court. Second, either parent can seek a court order for temporary custody arrangements. Both options are designed to be flexible and protect the child’s relationship with both parents.
Delegation to Family Members
Deploying parents can now delegate their custody time to nonparents who have a “close and substantial relationship” with the child. This typically includes stepparents, grandparents, aunts, uncles, siblings, and cousins. It can also include other adults who have served as primary caregivers. This means your child can maintain important family relationships during your deployment.
Electronic Testimony
If you cannot appear in court due to deployment, the law requires courts to allow testimony by phone, video conference, or other electronic means. Your absence due to deployment cannot, by itself, justify modifying a custody order.
Notice Requirements
Deploying parents must notify the other parent within 72 hours of receiving deployment orders (or as soon as circumstances allow). Both parents must then provide a custody plan within 120 hours. These requirements ensure both parents can prepare for the transition.
When You Return
Temporary custody arrangements automatically terminate 60 days after the deploying parent gives notice of return, unless both parents agree to end them sooner. The law also guarantees returning parents reasonable contact with their children during this transition period, even if it exceeds their pre-deployment custody time.
What You Should Do
If you’re a military parent facing deployment, review your current custody order and consider whether a written agreement or court order would better protect your parental relationship. If you’re currently in a custody dispute with a service member, understand that the law now provides specific protections that courts must follow.
Contact our office (412.303. 9566) to discuss how these changes affect your specific situation. Military custody cases require careful attention to federal and state laws that interact in complex ways, and early planning can prevent problems down the road.
Effective January 1, 2026, The Administrative Office of Pennsylvania Courts has implemented a statewide increase to the “Jen & Dave” (Act 119 of 1996) fee that is applied to all initial custody filings within the Civil/Family Division of the Department of Court Records. In accordance with this statewide adjustment, the Jen & Dave fee will increase from $10.00 to $10.50.
This administrative change is insignificant, but the changes to the PA Custody Factors are not. Notably the August 19, 2025, changes that we wrote about this summer and today.
For counsel on any adult Allegheny County Family Law matter, we are happy provide reasoned and informed compassionate legal guidance as we have for over 20 year serving families in and around Pittsburgh, PA. Call today: 412.303.9566.
