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:
- Which party is more likely to encourage and permit frequent and continuing contact between the child and the other party or parties if contact is consistent with the safety needs of the child; and
- The attempts by a party to turn the child against the other party, except in cases of abuse, where reasonable safety measures are necessary to protect the safety of the child. A party’s good faith and reasonable effort to protect the safety of a child or self shall not be considered evidence of unwillingness or inability to cooperate with the other party. A party’s reasonable concerns for the safety of the child and the party’s reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child’s deficient or negative relationship with a party shall not be presumed to be caused by the other party.
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.
