What Are Pennsylvania’s “Best Interests” Factors for Determining Child Custody?

If you have minor children from your marriage, developing a child custody plan will be a key aspect of your divorce. While parents in Pennsylvania have a significant amount of flexibility in developing a child custody plan, all child custody plans must reflect the “best interests” of the children involved.

In this scenario, determining what is in a child’s “best interests” involves looking to Pennsylvania law. Under Section 5328 of Title 23 of the Pennsylvania Consolidated Statutes, courts must consider a list of statutory factors when determining whether a proposed child custody plan adequately serves the children’s “best interests.” Understanding these factors is essential for divorcing parents, as they will play a central role in their child custody negotiations.

Understanding Pennsylvania’s “Best Interests” Factors for Child Custody

With this in mind, what are Pennsylvania’s “best interests” factors? Here is a look at the factors that divorcing parents need to consider when developing a child custody plan during their divorce:

Ensuring the Safety of the Child

The first factor on the list is, “Which party is more likely to ensure the child’s safety?” The statute says that this factor is entitled to “substantial weighted consideration,” meaning that if one parent is less capable of ensuring their children’s safety, this will be a key factor in determining child custody.

Past or Present Child Abuse

Whether either parent has abused any of the couple’s children is understandably entitled to “substantial weighted consideration” as well. If any member of a parent’s household has been abusive, this is also entitled to equal consideration.

Parental Duties

The parental duties each parent performed during their marriage are relevant for determining child custody during the divorce process. Generally, the more parental duties a parent performed during the marriage, the more this will weigh in that parent’s favor.

Stability and Continuity

“The need for stability and continuity in the child’s education, family life and community life” is another of Pennsylvania’s “best interests” factors. While the courts will generally prioritize stability and continuity, the statute provides an exception for when changes are necessary for a child’s protection or safety.

Siblings and Extended Family

Access to a child’s siblings and extended family are relevant factors under Pennsylvania law. However, the closeness of a child’s relationships with his or her siblings and extended family members can also play a role.

The Child’s “Well-Reasoned” Preference

Pennsylvania’s “best interests” factors call for consideration of “[t]he well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.” Determining whether to ask a child’s preference—and, if so, how—is a sensitive matter that requires professional guidance.

Antagonism Toward the Other Parent

If one parent has attempted “to turn [a] child against the other party,” this can also affect the parents’ custody determination. However, the law provides an exception for “cases of abuse where reasonable safety measures are necessary to protect the safety of the child.”

Meeting the Child’s Emotional Needs

If one parent is “more likely to maintain a loving, stable, consistent and nurturing relationship with the child,” this can also impact the parents’ custody determination. However, if both parents can equally meet their children’s emotional needs, this factor will not favor one parent or the other.

Meeting the Child’s Physical, Developmental, Educational, and Special Needs

Along with considering which parent (if either) is more capable of meeting their children’s emotional needs, Pennsylvania’s “best interests” factors also require consideration of which parent (if either) is more capable of meeting their children’s physical, developmental, educational, and unique needs.

Residential Proximity

How close—or how far apart—the parents will live after their divorce can also play a role in developing a child custody plan. While this factor won’t necessarily favor one parent over the other, it is still pertinent to assessing what is in a child’s “best interests” under the circumstances.

Availability to Provide Child Care (or Make Arrangements for Child Care)

If one parent will be more available to provide child care after their divorce, this can come into play during child custody negotiations. However, the law also considers each parent’s ability to “make appropriate child-care arrangements” if they cannot provide care.

Conflict and Cooperation

“The level of conflict between the parties and the willingness and ability of the parties to cooperate” is a relevant consideration under Pennsylvania’s “best interests” factors. In particular, if one parent is unwilling or unable to avoid conflicts and work collaboratively to address child-related issues, this can weigh against that parent during the child custody portion of their divorce.

Any History of Drug or Alcohol Abuse

If either parent has a history of drug or alcohol abuse, this can potentially weigh against that parent as well. However, there are steps that parents can take to mitigate the consequences of their past drug or alcohol abuse, if necessary.

The Parents’ Mental and Physical Condition

Each parent’s “mental and physical condition” also merits consideration under Pennsylvania’s “best interests” factors. If either parent suffers from a mental or physical disability, understanding the disability’s implications—if any—will require a detailed assessment of the specific facts and circumstances involved.

Any Other Relevant Factors

Finally, Pennsylvania law also calls for consideration of “any other relevant factor” when developing a child custody plan. When you work with an experienced divorce lawyer, your lawyer can help you determine whether any additional factors warrant consideration during your divorce.

Request a Free Consultation with Stroudsburg Divorce Lawyer Gary J. Saylor, II

Do you need to know more about Pennsylvania’s “best interests” factors for determining child custody during a divorce? If so, we invite you to get in touch. To request a free consultation with Stroudsburg divorce lawyer Gary J. Saylor, II, please call 570-421-5568 or send us a message online today.