When Pennsylvania courts make custody decisions they must consider a wide range of factors. Whether the parents are separating or divorcing, outlining a clear plan regarding physical and legal custody is crucial. Courts weigh a variety of relevant factors heavily to determine what is in the best interest of the child. To learn more about the process and your parental rights, consult with an experienced Montgomery County child custody lawyer at Cohen & Patel today.

The Best Interests of the Child

The primary goal during child custody deliberations in Pennsylvania is to ensure the “best interests of the child.” The best interests of the child is a legal standard that helps courts prioritize the child’s physical, emotional, and psychological health and well-being during custody determinations.

Studies have shown the adverse effects that divorce can have on young children, so PA courts strive to minimize these detrimental impacts. The best interests of the child standard is upheld through a series of factors that determine what custody arrangement is ideal for the child’s well-being.

What Factors Do PA Courts Consider in Custody Decisions?

Courts have the discretion to consider any information they deem relevant when making custody determinations. However, under PA Cons Stat § 5328, the following factors are most heavily considered.

  1. Which parent is more likely to ensure the safety of the child
  2. The present and past abuse committed by a parent or someone who lives with the parent
  3. The parental duties performed by each parent on behalf of the child
  4. The need for stability and continuity in the child’s education, family life, and community life
  5. The availability of extended family
  6. The child’s relationship with their siblings, if they have any
  7. The preference of the child, depending on their maturity and judgment
  8. Any attempts of a parent to turn the child against the other parent
  9. Which parent is more likely to maintain a loving and stable relationship with the child and provide for their emotional needs
  10. Which parent is more likely to attend to the child’s daily physical, emotional, developmental, educational, and special needs
  11. Where the parents live in relation to each other
  12. Each parent’s availability to care for the child or ability to make child care arrangements
  13. The level of conflict between the parents and willingness and ability to cooperate with each other
  14. A history of drug or alcohol abuse of either parent or a member of their household
  15. The mental and physical health of either parent or a member of their household
  16. Any other factor deemed relevant by the court

These factors allow the court to assess the details of the family’s lives and ensure they are preventing the child from being subject to physical or emotional harm. It is important to note that no one consideration will be the determining factor. The court will evaluate all of the circumstances relevant to the situation to determine what custody arrangement will prioritize the safety and welfare of the child.