Stroudsburg Custody Battles: Proving “Best Interests” in Monroe County Courts

by | May 22, 2026 | Child Custody

In 2026, child custody battles in Monroe County continue to hinge on the 13 “best interests” factors listed in the Pennsylvania Statutes. Family law attorney Gary J. Saylor uses these factors, including those regarding parental fitness and lifestyle stability, to help his clients secure custody rights within the Poconos court system.

When you are going through a separation or divorce as a parent, protecting your ability to spend time with your children is among the most important aspects of the process. As a general rule, both parents have the right to spend time with their children, and the law does not inherently favor either parent.

Instead, in Pennsylvania, the law focuses on protecting the best interests of the children involved. The Pennsylvania Statutes list 19 “best interests” factors that parents must consider when developing a parenting plan—and that judges must consider when parents take their custody battles to court.

The 13 “Best Interests” Factors in Pennsylvania

The “best interests” factors appear in Section 5328 of Title 23 of the Pennsylvania Statutes. Section 5328 begins by stating:

“In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors . . . .”

It then goes on to list 13 specific factors that the courts must consider, while also noting that the courts must take into account “[a]ny other relevant factor” when making child custody determinations. Thus, while Pennsylvania’s 13 “best interests” factors are important, they are not exclusive. This is critical for divorcing and separating parents to keep in mind when working to establish their custody rights—and working closely with an experienced family law attorney is essential for ensuring that parents give due consideration to all relevant factors during the process.

With this in mind, the specific factors listed in Section 5328 are as follows:

  • Which parent is more likely to ensure the child’s safety
  • Any abuse perpetrated by either parent or any member of either parent’s household
  • Any involvement with child protective services
  • Any other “[v]iolent or assaultive behavior” committed by either parent
  • The level of cooperation or conflict between the parents
  • Each parent’s willingness and ability to prioritize the child’s needs by providing “appropriate care, stability, and continuity” for the child
  • The need for stability and continuity in the child’s family life, education, and community
  • The child’s siblings and other familial relationships
  • The child’s preference, taking into account the child’s developmental stage and maturity
  • The proximity of the parents’ homes
  • Each parent’s work schedule and availability to care for the child (or make appropriate childcare arrangements)
  • Any history of drug or alcohol abuse by either parent or any member of either parent’s household
  • Each parent’s mental and physical condition and the mental and physical condition of any member of each parent’s household

As you can see, Pennsylvania’s “best interests” factors cover a wide range of issues—and the goal is to ensure that parents and the courts consider all factors that are relevant to determining what is in the best interests of the child involved. When parents take their custody battles to court, they must be prepared to affirmatively demonstrate why their desired custody arrangement is in their child’s best interests, and this requires experienced legal representation as well.

Proving Parental Fitness in Stroudsburg

Many of the factors listed in Section 5328 are focused on parental fitness. While the courts generally recognize that it is in a child’s best interests to spend meaningful time with both parents (absent extraordinary circumstances), Section 5328 also makes clear that parental fitness is a key consideration.

Proving parental fitness can require various forms of evidence. For example, if a parent has struggled with drug or alcohol abuse in the past, proving fitness may require evidence that the parent has undergone treatment and is no longer substance-dependent. Or, if a parent has been diagnosed with a mental health condition, proving fitness may involve showing that this condition does not negatively impact the parent’s ability to prioritize their child’s safety or meet their child’s needs.

Once you hire an experienced family law attorney to represent you, your attorney will be able to assist with gathering the evidence you need to seek the custody rights you desire. Your attorney can also help you make informed decisions about what type of custody arrangement to seek, and your lawyer can walk you through what to expect when your custody battle goes to court.

Navigating Monroe County Custody Hearings

Even in highly contentious scenarios, it will often be possible to develop a post-divorce or post-separation parenting plan without going to court. Mediation, conciliation, and other tools are available to help parents find a way to develop a parenting plan that works for both of them.

But, when divorcing or separating parents are not able to come to terms, going to court provides a way to get to the end of the process. The court will schedule a custody hearing; and, after the hearing, the judge will render a final decision. The major steps in a child custody hearing in Monroe County are as follows:

  • Opening statements
  • Presentation of testimony and evidence
  • Cross-examination of the parents and any witnesses
  • Communication between the judge and the child (depending on the child’s age and other factors)
  • The judge renders a final decision

The Impact of Social Media Evidence in 2026

Social media evidence is increasingly playing a major role in child custody proceedings. In 2026, parents can use social media posts to raise questions about parental fitness, to prove that a parent is not willing to cooperate or prioritize their child’s needs, or to rebut claims made in the other parent’s testimony. If your spouse or partner is on social media, your attorney can review his or her accounts to determine if any posts are relevant to your child custody dispute; and, if so, your attorney can preserve copies of these posts and then present them in court when warranted.

Request a Free Consultation with Monroe County Family Law Attorney Gary J. Saylor

If you are facing a child custody battle in Pennsylvania, we invite you to contact us for more information. To request a free consultation with Monroe County family law attorney Gary J. Saylor, please call 570-421-5568 or tell us how we can help online today.