What Factors Do Judges Consider in Custody Decisions?
Pennsylvania’s custody statute sets out the specific factors a judge must weigh before deciding how parents will share legal and physical custody of their children. At Fastman Family Law, we help Delaware County parents understand these factors so they know what a judge will actually be looking at in their case.
The Best Interest Standard
Every custody decision in Pennsylvania is guided by one overarching question: what outcome serves the best interest of the child? Under 23 Pa.C.S. Section 5328, the court must consider all relevant factors, but the statute requires the judge to give substantial weighted consideration to any factors affecting the child’s safety before weighing the rest.
Key Factors the Court Considers
The statutory factors include, among others:
- Which party is more likely to ensure the safety of the child.
- Present and past abuse committed by a party or a member of that party’s household.
- The level of cooperation and conflict between the parties, including which parent is more likely to encourage frequent and continuing contact with the other parent when it’s safe to do so.
- Each party’s willingness and ability to prioritize the child’s needs by providing appropriate care, stability, and continuity, based on the parental duties each party has performed.
- The child’s relationships with siblings and other family members.
- The well-reasoned preference of the child, based on the child’s age, maturity, and judgment.
- The proximity of each parent’s residence and each parent’s employment schedule and availability to care for the child.
- Any history of drug or alcohol abuse, and the mental and physical condition of a party or household member.
The statute also makes clear that a parent’s good-faith effort to protect a child’s safety should never be treated as a failure to cooperate, and that a child’s strained relationship with one parent should not automatically be blamed on the other.
How the Court Applies These Factors
After a custody trial, the judge issues written findings addressing each statutory factor, explaining whether it is neutral or weighs in favor of one parent. This factor-by-factor analysis is what ultimately supports the court’s custody order, so how the evidence in your case lines up against each factor matters a great deal.
Why Understanding These Factors Matters for Your Case
Because the statute requires the judge to work through each factor individually, the way you present evidence about safety, stability, cooperation, and your day-to-day involvement in your child’s life can directly shape the outcome. Parents who understand what the court is looking for are better positioned to build a case around it.
Contact Our Custody Attorneys at Fastman Family Law
If you are facing a custody dispute in Delaware County, Chester County, or Montgomery County, Fastman Family Law can help you understand how these factors apply to your family’s situation and build a case focused on what the court needs to see. Contact Fastman Family Law today to schedule a consultation.