New Law to Streamline Child Custody Factors in Pennsylvania

On June 30, 2025, Pennsylvania Governor Josh Shapiro signed House Bill No. 378 into law, making it Act No. 11 of 2025 (the “Act”).

Receiving bipartisan support in the Pennsylvania House of Representatives and Senate, the Act will amend Pennsylvania law to streamline the factors considered when awarding child custody.

In her latest Lehigh Valley Family Law article, Family Law Attorney, Paige M. Gross, Esq., discusses how child custody is currently determined in Pennsylvania and highlights its intended impact of streamlining this process.

Current Process

Currently, in child custody cases where parents cannot agree to on a custodial schedule, a judge or hearing officer will make a custody determination considering the best interests of the child(ren) based upon an analysis of  sixteen (16) factors.

Under Pennsylvania’s custody statute, 23 Pa. C.S. § 5328, when ordering any form of custody, a court is required to determine the best interests of the child(ren) by considering the following factors:

1. Which party is more likely to ensure the safety of the child.
2. The present and past abuse committed by a party or member of the party’s household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
3. The parental duties performed by each party on behalf of the child.
4. The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party.
5. The availability of extended family.
6. The child’s sibling relationships.
7. The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.
8. The attempts of a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child. A party’s reasonable concerns for the safety of the child and the party’s reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child’s deficient or negative relationship with a party shall not be presumed to be caused by the other party.
9. Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
10. Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
11. The proximity of the residences of the parties.
12. Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
13. The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child or self from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
14. The history of drug or alcohol abuse of a party or member of a party’s household.
15.  The mental and physical condition of a party or member of a party’s household.
16.  Any other relevant factor.

Proposed Legislation

Prime Sponsor, Representative Liz Hanbidge, circulated a memorandum to the Pennsylvania House of Representatives earlier this year, which received bipartisan support from Pennsylvania lawmakers. In her memorandum, Representative Hanbidge acknowledged the complexity, confusion, and expenses associated with the current child custody process. She also suggested that streamlining the sixteen (16) factors currently reviewed by judges will lead to an increase in “judicial efficiency” and create a simplified list that “families and courts alike will appreciate.”

Impact

Upon its effective date, August 29, 2025, the Act will consolidate the child custody factors from sixteen (16) to twelve (12) factors, with the overall emphasis still on the “best interests of the child(ren)”. The language of the existing sixteen (16) factors remains incorporated, however, the new factors provide a more focused and efficient process for courts and parties involved in child custody cases, with the goal of saving time, reducing court costs, and alleviating stress associated with these types of cases. Additionally, the changes includes revisions to factors created by Act 8 of 2024, or Kayden’s Law, with regard to the present and past abuse committed by a party or member of a party’s household.  

Chaired by Donald F. Spry, II, KingSpry’s experienced Family Law Practice is prepared to assist you and your family through complex family law matters. Lehigh Valley Family Law is a publication of KingSpry’s Family Law Practice Group. It is meant to be informational and does not constitute legal advice. If you have questions, please contact your legal counsel or one of our Family Law Attorneys.