Child Custody in Pennsylvania: The Best-Interest Factors After Kayden's Law and Act 11
Pennsylvania family law · Last reviewed October 7, 2026
Pennsylvania custody law is in Chapter 53 of the Domestic Relations Code (23 Pa.C.S. §§ 5321–5340), with procedure in Rules 1915.1 and following. The law changed twice recently. Kayden's Law (Act 8 of 2024, effective August 13, 2024) put the child's safety at the center of every custody decision. Act 11 of 2025 (effective August 29, 2025) rewrote the list of factors courts weigh. Many articles still show the old list of sixteen factors; it is out of date.
Custody is decided separately from the divorce, and parents who never married use the same law.
Types of custody
Pennsylvania divides custody into two parts (§ 5322):
- Legal custody is the right "to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions." It can be shared or sole.
- Physical custody is where the child actually lives. It can be:
- shared, with each parent having significant periods of time;
- primary, meaning the majority of the time;
- partial, meaning less than a majority;
- sole; or
- supervised, where time with a parent is watched by another adult or a professional.
A typical order gives shared legal custody to both parents and divides physical custody on a schedule.
Is 50/50 custody the default?
No. Section 5327(a) says that in a dispute between parents "there shall be no presumption that custody should be awarded to a particular parent." That works both ways: neither parent is favored, and no equal-time split is presumed either. Gender doesn't matter (§ 5328(b)). The court decides based on the child's best interest.
The best-interest factors
Section 5328(a), as amended by Act 11 of 2025, opens like this:
(a) Factors.--In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving substantial weighted consideration to the factors specified under paragraphs (1), (2), (2.1) and (2.2) which affect the safety of the child, including the following:
The first four, the safety factors, get the extra weight:
(1) Which party is more likely to ensure the safety of the child. (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. (2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services). (2.2) Violent or assaultive behavior committed by a party.
The rest of the current list, in plain terms:
- (2.3) Cooperation and conflict, including which parent is more likely to encourage frequent contact with the other parent when that is safe, and any attempts to turn the child against the other parent.
- (3) Each parent's willingness and ability to put the child's needs first, considering the parenting each has done in the past and will do in the future, and the child's daily physical, emotional, developmental, educational and special needs.
- (4) The child's need for stability in school, family life and community, unless a change is needed for safety.
- (6) The child's relationships with brothers, sisters and other family.
- (7) "The well-reasoned preference of the child, based on the child's developmental stage, maturity and judgment."
- (11) How close the parents live to each other.
- (12) Each parent's work schedule and ability to care for the child or arrange child care.
- (14) Any history of drug or alcohol abuse by a parent or a household member.
- (15) The mental and physical condition of a parent or household member.
- (16) "Any other relevant factor."
Paragraphs (5), (8), (9), (10) and (13) were deleted by Act 11; most of their subjects were folded into (2.3) and (3). The numbering has gaps on purpose.
Protections for parents who report abuse
Act 11 added safeguards to factor (2.3). A parent's "good faith and reasonable effort to protect the safety of a child or self" can't be counted as unwillingness to cooperate, and "A child's deficient or negative relationship with a party shall not be presumed to be caused by the other party." Under § 5328(a.1), "Temporary housing instability as a result of abuse shall not be considered against the party alleging abuse."
No single factor decides a case. Section 5328(a.2): "No single factor under subsection (a) shall by itself be determinative in the awarding of custody."
Since Act 11, the court must send every party a copy of § 5328 within 30 days of receiving a custody complaint or a petition to modify custody (§ 5328(d)).
Supervised custody when there's a risk of abuse
Kayden's Law created a presumption in § 5323(e.1):
(e.1) Supervised physical custody.--If a court finds by a preponderance of the evidence that there is an ongoing risk of abuse of the child, there shall be a rebuttable presumption that the court shall only allow supervised physical custody between the child and the party who poses the risk of abuse.
The court is to favor professional supervision. An allegation alone doesn't trigger the presumption; the court must find an ongoing risk.
At what age can a child choose?
There is no set age. The child's preference is one factor among many, and it counts according to the child's "developmental stage, maturity and judgment" (§ 5328(a)(7)). A thoughtful teenager's reasons will usually weigh more than a young child's, but no birthday hands the decision to the child.
Parenting plans
In a contested case, "the court may require the parties to submit parenting plans" (§ 5331(a)). A plan covers the schedule, holidays, education, health care, child care, transportation, and how the parents will settle disagreements. Even when it isn't required, writing one is the best way to reach an agreed order.
How a custody case moves
- File a custody complaint, on its own or as a count in a divorce, in the county with jurisdiction. Under the Uniform Child Custody Jurisdiction and Enforcement Act, that is usually the child's home state: where the child lived for at least six consecutive months right before the case was filed (23 Pa.C.S. §§ 5402, 5421).
- First court contact within 45 days. Depending on the county, a conference, conciliation, mediation orientation or parenting class is scheduled "not later than 45 days from the filing of a complaint or petition" (Rule 1915.4(a)).
- Mediation, sometimes. A court may order parents to attend a mediation orientation session (Rule 1940.3), but not when a parent or child has been the subject of domestic violence or child abuse during the case or in the 24 months before it was filed. Mediation itself happens only with both parents' consent. Parenting classes and their fees are set by each county.
- Evaluations and a lawyer for the child. The court can order the child or a parent to take part in an evaluation by an expert (Rule 1915.8) and can appoint a guardian ad litem or counsel for the child.
- Hearing and order. If the parents don't agree, a judge hears the case and must give the reasons for the decision on the record or in writing (§ 5323(d)).
Most custody cases end in an agreed order.
Moving with a child: relocation
A relocation is a move that "significantly impairs the ability of a nonrelocating party to exercise custodial rights" (§ 5322). Moving across town usually isn't one; moving far enough to disrupt the schedule usually is. No relocation can happen unless every person with custody rights consents or the court approves (§ 5337(b)).
The notice rules in § 5337(c):
- Send notice by certified mail, return receipt requested, no later than the 60th day before the move, or no later than the 10th day after you learn of it if you couldn't have known in time and the move can't reasonably be delayed.
- The notice must include the new address, the new school, the reasons for the move, a proposed new schedule, a counter-affidavit form for objecting, and a warning that the other parent has 30 days to object.
- If the other parent doesn't object within 30 days after receiving the notice, that parent "shall be foreclosed from objecting to the relocation."
If there's an objection, the court holds a hearing and weighs ten relocation factors, again giving weight to the child's safety. The parent who wants to move has the burden of proving the move is in the child's best interest. A court can allow a move before the hearing only in exigent circumstances.
The law also accounts for military families: since November 2025, § 5337 expressly applies to relocations under Pennsylvania's Uniform Deployed Parents Custody and Visitation Act (Act 40 of 2025).
Changing a custody order
"Upon petition, a court may modify a custody order to serve the best interest of the child" (§ 5338(a)). There is no waiting period and no required change of circumstances in the statute; the question is always the child's best interest now.
Frequently asked questions
Does Pennsylvania favor 50/50 custody?
No. Section 5327(a) says there is no presumption that custody should go to a particular parent, and there is no presumption of equal time. The court decides what serves the child's best interest, giving the most weight to safety.
At what age can a child decide which parent to live with in Pennsylvania?
There is no fixed age. The court weighs the child's "well-reasoned preference" according to the child's maturity and judgment. Older children's preferences usually count for more, but the judge decides.
What are the custody factors in Pennsylvania in 2026?
The § 5328(a) factors as amended by Act 11 of 2025: safety (1), abuse (2), child-protective-services history (2.1), violent behavior (2.2), cooperation and conflict (2.3), ability to meet the child's needs (3), stability (4), sibling and family relationships (6), the child's preference (7), distance between homes (11), availability for child care (12), drug or alcohol abuse (14), mental and physical condition (15) and any other relevant factor (16). The safety factors get substantial weighted consideration.
What is Kayden's Law?
Act 8 of 2024, which took effect August 13, 2024. It requires courts to give substantial weight to safety factors and creates a presumption of supervised custody when the court finds an ongoing risk of abuse to the child.
How much notice do I need to give before moving with my child in Pennsylvania?
At least 60 days before the move, by certified mail, return receipt requested, or within 10 days of learning of the move if you couldn't have known sooner. The other parent then has 30 days to object.
Do grandparents have custody rights in Pennsylvania?
In some circumstances. Grandparents and great-grandparents can seek partial or supervised physical custody when they meet the standing requirements in § 5325, and the court then considers their prior contact with the child, whether an award would interfere with the parent-child relationship, and the child's best interest (§ 5328(c)).