In Pennsylvania, child custody decisions are made based on a standard known as the “best interest of the child.” This is designed to ensure that every decision made regarding the child is done while prioritizing their well-being. To learn more about this standard and how it can affect family law decisions, continue reading and consult with a knowledgeable Montgomery County family lawyer today.

What is the “Best Interest of the Child Standard” in PA?

The “best interest of the child” standard is a guiding principle used by Pennsylvania courts to determine what is best for a child’s physical, emotional, and developmental well-being. It is considered during custody and visitation decisions to figure out an arrangement that will be best suited to the child and their needs.

Children are often adversely affected by their parents separating or divorcing, emotionally, mentally, and financially. Especially in cases involving young children, it can be easy for the parents’ preference and convenience to distract from what will benefit the child.

By establishing this standard, the law ensures that the child’s welfare, safety, and happiness are prioritized above all other factors. By abiding by this principle, courts can focus on allowing the child access to both parents while keeping in mind how spending time or living with each party may affect them.

How Do Courts Decide What is in the Child’s Best Interest?

Prioritizing the child’s best interests is paramount to all else, but how does a Pennsylvania court determine what arrangement that is? Pennsylvania Statutes § 5328 outlines the various factors that courts must consider when making decisions regarding child custody and visitation. Consider the following.

  1. Which parent is more likely to ensure the safety of the child
  2. The present and past abuse committed by a parent or a member of the parent’s household
  3. Violent or assaultive behavior committed by a parent
  4. The level of cooperation and conflict between the parents
  5. The willingness and ability of each parent to prioritize the child’s needs and perform parental duties
  6. The need for stability and continuity in the child’s education, family life, and community life
  7. The child’s relationship with their siblings and other relatives, if they have any
  8. The preference of the child, depending on their maturity and judgment
  9. Where the parents live in relation to each other
  10. Each parent’s availability to care for the child or ability to make child care arrangements
  11. A history of drug or alcohol abuse of either parent or a member of their household
  12. The mental and physical health of either parent or a member of their household
  13. Any other factor deemed relevant by the court

These factors are considered to determine which parent is most likely to protect the child and benefit them most in their physical and emotional growth and development. Understanding your legal rights as parents and how to best protect your child is crucial during this time. Work with an experienced family lawyer for more information and legal advice.