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July 28, 2025
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When it comes to child custody, court decisions have a profound impact on families. Understanding how judges evaluate these cases empowers parents to advocate more effectively for their children’s well-being. With recent changes to Pennsylvania’s child custody laws, it’s more important than ever to understand what factors judges will prioritize when determining custody arrangements.

“Understanding how judges evaluate custody cases empowers parents to better advocate for their children.”

If you are involved in a child custody case in Pennsylvania, it is important to be aware that courts are required to consider certain factors when making custody decisions. These factors, outlined in Section 5328 of the Child Custody Act, guide courts in determining the arrangement that serves the best interests of the child.

Even if you expect to reach an agreement with the other parent and avoid a court hearing, it is still important to understand the custody factors that would guide a judge’s decision.

Why did the law change?

On June 30, 2025, Governor Shapiro approved House Bill 378, which reduces the number of child custody factors from sixteen (16) to twelve (12). The new law refines the language and combines several existing factors to streamline the custody decision process.

“The revised law aims to reduce confusion and cost while keeping the child’s best interests front and center.”

Legislators sponsoring the bill noted their desire to simplify the procedure for child custody cases in the court system. By reducing the number of factors judges must review, the hope is to make custody cases less stressful, less expensive, and less confusing for families.

When does the new law take effect?

The changes to Pennsylvania’s child custody law under House Bill 378, including the reduction from sixteen (16) to twelve (12) custody factors and the new requirement for courts to provide written copies of the custody factors to parties in custody matters, will become effective on August 29, 2025. Until that date, the current law, which includes sixteen factors, remains in effect.

This timeline gives families and legal practitioners time to prepare for the new streamlined process.

What is changing?

Below is a side-by-side comparison of the custody factors that courts consider before and after August 29, 2025. The “Current Law” column reflects the language of § 5328(a) as it stands today. The “New Law” column shows the updated version that will take effect in 2025.

Comparison of custody factors: Pennsylvania (Pre-and post-August 2025)

1. Safety of the child

• Current (Pre-August 29, 2025):

  • “Which party is more likely to ensure the safety of the child.” § 5328(a)(1)

• New (Post-August 29, 2025):

  • This factor remains unchanged.

2. Abuse or risk of harm

• Current (Pre-August 29, 2025):

  • “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)

• New (Post-August 29, 2025):

  • This factor remains unchanged.

2.1. Child abuse and involvement with protective services

• Current (Pre-August 29, 2025):

  • “The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).” § 5328(a)(2.1)

• New (Post-August 29, 2025):

  • This factor remains unchanged.

2.2. Violent or assaultive behavior

• Current (Pre-August 29, 2025):

  • “Violent or assaultive behavior committed by a party.” § 5328(a)(2.2)

• New (Post-August 29, 2025):

  • This factor remains unchanged.

2.3. Cooperation between parents

• Current (Pre-August 29, 2025):

  • “Which party is more likely to encourage and permit frequent and continuing contact between the child and another party if contact is consistent with the safety needs of the child.” § 5328(a)(2.3)

• New (Post-August 29, 2025):

  • “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.” See House Bill 378.

3. Parental duties performed

• Current (Pre-August 29, 2025):

  • “The parental duties performed by each party on behalf of the child.” § 5328(a)(3)

• New (Post-August 29, 2025):

  • “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.” See House Bill 378.

4. Stability and continuity

• Current (Pre-August 29, 2025):

  • “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)

• New (Post-August 29, 2025):

  • This factor remains unchanged. 

5. Extended family

• Current (Pre-August 29, 2025):

  • “The availability of extended family.” § 5328(a)(5)

• New (Post-August 29, 2025):

  • Deleted and consolidated under one factor; see factor 6.

6. Sibling and other familial relationships

• Current (Pre-August 29, 2025):

  • “The child’s sibling relationships.” § 5328(a)(6)

• New (Post-August 29, 2025):

  • Consolidated under one factor; see factor 5 – “The child’s sibling and other familial relationships.” See House Bill 378.

7. Child’s preference

• Current (Pre-August 29, 2025):

  • “The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment. § 5328(a)(7)

• New (Post-August 29, 2025):

  • This factor remains unchanged.

8. Attempts to alienate/protect

• Current (Pre-August 29, 2025):

  • “The attempts of a party to turn the child against the other, except in cases of abuse, where reasonable safety measures are necessary to protect the safety of the child. 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.” § 5328(a)(8)

• New (Post-August 29, 2025):

  • Deleted and consolidated under one factor; see factor 2.3.

9. Nurturing

• Current (Pre-August 29, 2025):

  • “Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.” § 5328(a)(9)

• New (Post-August 29, 2025):

  • Deleted and consolidated with other factors; see factors 3 and 4.

10. Daily needs

• Current (Pre-August 29, 2025):

  • “Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.” § 5328(a)(10)

• New (Post-August 29, 2025):

  • Deleted and consolidated under one factor; see factor 3.

11. Proximity of residences

• Current (Pre-August 29, 2025):

  • “The proximity of the residences of the parties.” § 5328(a)(11)

• New (Post-August 29, 2025):

  • This factor remains unchanged.

12. Child-care arrangements, employment schedule

• Current (Pre-August 29, 2025):

  • “Each party’s availability to care for the child or ability to make appropriate child-care arrangements.” § 5328(a)(12)

• New (Post-August 29, 2025):

  • Employment schedule added – “Each party’s employment schedule and availability to care for the child or ability to make appropriate child-care arrangements.” See House Bill 378.

13. Conflict and cooperation

• Current (Pre-August 29, 2025):

  • “The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child or self from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.” § 5328(a)(13)

• New (Post-August 29, 2025):

  • Deleted and consolidated under one factor; see factor 2.3. 

14. Substance abuse

• Current (Pre-August 29, 2025):

  • “The history of drug or alcohol abuse of a party or member of a party’s household.” § 5328(a)(14)

• New (Post-August 29, 2025):

  • This factor remains unchanged.

15. Mental and physical health

• Current (Pre-August 29, 2025):

  • “The mental and physical condition of a party or member of a party’s household.” § 5328(a)(15)

• New (Post-August 29, 2025):

  • This factor remains unchanged.

16. Any other relevant factor

• Current (Pre-August 29, 2025):

  • “Any other relevant factor.” § 5328(a)(16)

• New (Post-August 29, 2025):

  • This factor remains unchanged. (Note: Courts retain broad discretion to consider case-specific circumstances beyond the listed factors.)

What do these changes mean for parents?

While the number of custody factors has been reduced, the court’s focus remains firmly on protecting the child’s best interests. The streamlined factors clarify and combine overlapping considerations, reducing redundancy without sacrificing thoroughness.

“Whether settling privately or going to court, knowing these updated factors puts you in a stronger position to protect your child.”

Whether you are working toward a custody agreement or preparing for court, understanding these updated factors can help you better protect your child’s interests and make informed decisions throughout the process.

Need help with your custody case?

Navigating child custody matters can feel overwhelming, especially with recent changes in the law. I am here to help you understand the implications of these updates for your case and to guide you through every step, whether that involves mediation, negotiation, or court proceedings.

If you have questions or would like to discuss your custody situation in detail, please reach out to schedule a confidential consultation.

This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for advice specific to your situation.