When making custody determinations, Pennsylvania judges use the “Best Interests of the Child” standard, which means that they consider a number of different factors that contribute to a child’s well-being, including how each parent’s conduct has affected the child in the past and will likely affect the child in the future.
This is an important standard as it provides more consistency in the way that judges issue their custody determinations. By giving judges a concrete list of considerations, these factors help ensure that the child’s well-being is the top priority.
In June, 2025, Governor Josh Shapiro approved a bill reducing the number of factors that judges must consider from 16 factors to only 11 factors, which include:
- Safety: Which party is more likely to ensure the safety of the child;
- Abuse: Any present and/or past abuse committed by a party or member of the party’s household (which can include past or current protection from abuse or sexual violence protection orders where abuse has been found);
- Prioritization of Child: The willingness and ability of a party to prioritize the needs of the child—meaning their ability to provide appropriate care, stability, and continuity for the child. Judges can consider both the parties’ past behavior as well as their future ability to care for all the different kinds of needs the child will have.
- Stability and Continuity: Stability and continuity in the child’s education, family life and community life—unless changes are needed to protect the safety of the child or a party;
- Family Unit: The child’s siblings and/or other familial relationships;
- Child’s Preference: The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment;
- Location: The distance between the parties’ homes;
- Job: Each party’s work schedule and availability to care for the child or to make appropriate child-care arrangements;
- Substance Abuse: The history of drug or alcohol abuse of a party or member of a party’s household;
- Health: The mental and physical condition of a party or member of a party’s household; and
- Catchall: Any other relevant factor.
While judges are required to address how all these factors play into any individual case, they are also required to give extra weight to the first and second factors, which relate to child safety. Otherwise, the amount of weight that any given judge wants to give any given factor is up to their discretion. Because of this, it is important for parents who are seeking custody to hire zealous advocates who can make sure that right emphasis is placed on what your child needs.