Pennsylvania Custody and Parenting Plans

Pennsylvania custody law underwent significant changes in 2025, streamlining the factors courts must consider from sixteen down to twelve under 23 Pa.C.S. § 5328. Whether you're navigating a divorce or establishing custody for the first time, understanding these updated standards is essential for creating a parenting plan that serves your child's best interests.

This comprehensive guide walks you through Pennsylvania's custody laws, the 2025 legislative reforms, mandatory conciliation requirements, and step-by-step guidance for building a court-compliant parenting plan that prioritizes your child's safety, stability, and wellbeing.

See how different custody splits affect your child support obligation:

Types of Custody in Pennsylvania

Under 23 Pa.C.S. Chapter 53, Pennsylvania recognizes distinct custody categories:

Legal Custody

Legal custody refers to the right to make major decisions regarding the child's welfare, including:

• Education choices (school selection, special education services)
• Medical care (treatment decisions, choice of providers)
• Religious upbringing
• Extracurricular activities

Pennsylvania courts may award shared legal custody (both parents make decisions together) or sole legal custody (one parent has decision-making authority).

Physical Custody

Physical custody determines where the child lives and the day-to-day parenting schedule. Pennsylvania recognizes these arrangements:

• Shared physical custody: The child spends significant time with both parents
• Primary physical custody: The child lives primarily with one parent while the other has partial custody
• Sole physical custody: The child resides with one parent exclusively
• Partial physical custody: The right to take custody of the child for less than a majority of time (formerly called "visitation")
• Supervised physical custody: Custodial time in the presence of a designated third party or at an approved facility

Best Interest Factors: 2025 Streamlined Standards

Effective August 29, 2025, Pennsylvania reduced the custody factors from sixteen to twelve under 23 Pa.C.S. § 5328. Courts must consider all relevant factors, giving substantial weighted consideration to safety-related factors:

Primary Safety Factors (Weighted Heavily)

1. Which party is more likely to ensure the safety of the child
2. Present and past abuse committed by a party or member of the party's household
3. Child abuse and protective services involvement as set forth in § 5329.1
4. Violent or assaultive behavior committed by a party

Additional Factors

• Cooperation and conflict: The level of cooperation and conflict between the parties, including which party is more likely to encourage and permit frequent and continuing contact between the child and the other party
• Willingness and ability to prioritize needs: A party's ability to provide appropriate care, stability, and continuity
• Stability and continuity: The need for stability in the child's education, family life, and community life
• Child's preference: The well-reasoned preference of the child, based on developmental stage, maturity, and judgment
• Employment and availability: Each party's work schedule and availability to care for the child or ability to make appropriate childcare arrangements

Important 2025 Change: The new law explicitly states that a party's good faith and reasonable effort to protect the safety of a child or self shall not be considered evidence of unwillingness or inability to cooperate. Similarly, reasonable concerns for safety shall not be considered attempts to turn the child against the other party.

Key 2025 Pennsylvania Custody Reforms

On June 30, 2025, Governor Shapiro signed House Bill 378, which became effective August 29, 2025. The reforms include:

• Consolidated factors: Previous separate factors for encouraging contact (Factor 2.3), attempts to turn child against other parent (Factor 8), and level of conflict/cooperation (Factor 13) combined into one comprehensive factor
• Parental duties factor: Past parental duties (Factor 3), maintaining loving relationship (Factor 9), and attending to daily needs (Factor 10) now incorporated into the single factor: "willingness and ability to prioritize the needs of the child"
• Mandatory factor disclosure: Courts must now provide all parties with a copy of the custody factors within 30 days of filing a custody complaint or petition
• Totality standard: No single factor is determinative; courts must examine the totality of circumstances while giving weighted consideration to safety factors

What Your Parenting Plan Must Include

A comprehensive Pennsylvania parenting plan should address:

1. Regular Custody Schedule

• Weekday custody arrangement during the school year
• Weekend schedule (alternating, every, or split weekends)
• Summer vacation schedule
• Specific pickup and drop-off times and locations

2. Holiday and Special Occasion Schedule

• Major holidays (Thanksgiving, Christmas Eve/Day, Easter, etc.)
• School breaks (winter, spring, summer)
• Children's and parents' birthdays
• Mother's Day and Father's Day
• Pennsylvania-specific holidays (like Pennsylvania Day)

3. Communication Protocols

• Methods of parent-to-parent communication
• Phone/video call schedule between child and non-custodial parent
• Use of co-parenting apps (OurFamilyWizard, Talking Parents, etc.)
• Information sharing about school, medical appointments, and activities

4. Decision-Making Framework

• How major decisions will be made (jointly, by one parent, or by category)
• Emergency decision authority
• Process for resolving disagreements

5. Transportation and Exchange Details

• Who provides transportation for custody exchanges
• Meeting locations (home, school, neutral site)
• Backup arrangements if a parent is unavailable

Need a Deeper Analysis?

The calculator above gives you a quick estimate. For a comprehensive breakdown covering custody schedules, support obligations, and financial projections, get your full analysis here.

The 40% Overnight Threshold

Pennsylvania uses a critical 40% overnight threshold for child support calculations under Pa.R.C.P. 1910.16-4. If the non-primary parent has the child for 40% or more of annual overnights (approximately 146 nights), they qualify for a substantial child support reduction:

• Below 40%: Standard child support calculation applies
• 40% or more: Rebuttable presumption of a reduction applies; the obligor's support share decreases based on time spent with the child
• 50/50 custody: Special rules apply where the lower-income parent may not be ordered to pay basic support to the higher-income parent

This makes reaching the 40% threshold a significant consideration in custody negotiations. Model your custody and support scenarios to see how different overnight splits change your obligation.

Mandatory Custody Conciliation

Most Pennsylvania counties require custody conciliation or mediation before proceeding to a custody hearing. Key points:

• Pre-trial conference: Courts set custody matters for a conciliation conference and/or mediation
• Goal: Help parents reach an agreement on custody terms including a parenting plan
• County variations: Procedures vary by county; some require parenting education classes
• Domestic violence exception: Mediation is commonly not ordered when domestic violence is present

If parents reach agreement at conciliation, the court can adopt their agreement as a custody order.

Domestic Violence and Custody

Pennsylvania takes domestic violence extremely seriously in custody cases. Under 23 Pa.C.S. Chapter 61 (Protection From Abuse):

• PFA orders and custody: Custody orders must be consistent with any existing Protection From Abuse (PFA) order
• Safety-first approach: Under the 2025 reforms, safety factors receive substantial weighted consideration
• Protective actions not penalized: A parent's good faith efforts to protect themselves or their child cannot be held against them as evidence of unwillingness to cooperate
• Supervised custody: Courts may order supervised physical custody when safety concerns exist

When Children Can Express Preferences

Under the 2025 reforms, Pennsylvania courts consider "the well-reasoned preference of the child, based on the child's developmental stage, maturity, and judgment." Key considerations:

• No specific age requirement: Pennsylvania does not set a fixed age at which a child's preference controls
• Maturity matters: The court assesses whether the child can express a reasoned preference
• Not determinative: The child's preference is one factor among many
• Typically communicated through others: Judges often learn preferences through custody evaluators, mediators, or GALs rather than direct testimony

Interstate Custody: UCCJEA in Pennsylvania

Pennsylvania follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) under 23 Pa.C.S. Chapter 54. Key requirements:

• Home state jurisdiction: Pennsylvania has jurisdiction if it's the child's home state (lived there 6+ consecutive months)
• Required disclosure: You must disclose the child's residence history and any other custody proceedings
• Enforcement: Pennsylvania courts will enforce custody orders from other states that properly exercised jurisdiction

Child Support and Custody Connection

Your custody arrangement directly affects child support calculations. Pennsylvania uses an Income Shares model under Pa.R.C.P. 1910.16-1 to 1910.16-7 that considers:

• Both parents' monthly net income
• Number of children
• Percentage of overnights each parent has
• Childcare costs, health insurance premiums, and unreimbursed medical expenses

The basic support schedule applies to combined monthly net incomes up to $30,000. Key figures:

• Self-Support Reserve (SSR): $1,063/month minimum retained by low-income obligors
• 40% overnight threshold: Triggers substantial custody adjustment
• High-income formula: Special calculation for combined monthly net income above $30,000

Need a Deeper Analysis?

The calculator above gives you a quick estimate. For a comprehensive breakdown covering support obligations, tax implications, and custody adjustments, get your full analysis here.

Modifying Custody Orders

Pennsylvania custody orders can be modified when circumstances change:

• Material change of circumstances: Significant changes in either parent's situation, child's needs, or safety concerns
• Agreed modifications: Parents can submit stipulated modifications to the court
• Emergency modifications: Available when there is immediate risk to the child
• Relocation cases: Special procedures apply when a custodial parent seeks to move

How to File for Custody in Pennsylvania

To establish or modify custody in Pennsylvania:

1. File a custody complaint or petition with your county's Court of Common Pleas (Family Division)
2. Serve the other parent with the complaint within required deadlines
3. Attend mandatory programs: Complete any required parenting education classes
4. Attend conciliation/mediation: Attempt to reach agreement through court-ordered ADR
5. Custody conference: If no agreement, proceed to a pre-trial conference
6. Custody hearing: If still unresolved, present your case to the judge

Filing fees vary by county. For example, Allegheny County charges approximately $344 for a new custody action. Calculate your estimated costs before you file.

Key Takeaways

• 2025 streamlined factors: Pennsylvania reduced custody factors from 16 to 12, with safety factors receiving weighted consideration
• Best interest standard: 23 Pa.C.S. § 5328 guides all custody decisions using a totality-of-circumstances approach
• 40% overnight threshold: Reaching 146+ overnights triggers significant child support adjustments
• Mandatory conciliation: Most counties require mediation or conciliation before custody hearings
• Protective actions protected: Good faith efforts to protect children won't be used against you
• Detailed plans required: Include schedules, communication protocols, decision-making frameworks, and dispute resolution
• Child's voice considered: Reasoned preferences based on maturity are one factor courts weigh
• UCCJEA compliance: Required for cases involving multiple states

For general information about the divorce process, see our guide to fault vs. no-fault divorce. For help organizing your case, review our divorce document checklist.