Factors Courts Consider When Deciding Child Custody Arrangements

Determining child custody arrangements during a divorce or separation is often an emotional and challenging process. While both parents have needs and preferences for the structure of their family after their separation, the court's main priority in these instances is to make decisions that are in the best interest of the child. 

At Iwanyshyn & Associates, our family law attorneys understand the importance of protecting the best interests of your children and advocating for an equitable and supportive family dynamic, where possible. Located in Allison Park, Pennsylvania, we’re dedicated to helping you understand what to expect and what factors the courts consider when determining child custody arrangements. 

Types of Custody in Pennsylvania 

Pennsylvania recognizes two primary types of custody arrangements: legal custody and primary custody. Legal custody refers to a parent's right to make major decisions affecting the child’s life, such as education, medical care, and religious upbringing. Legal custody is often shared (referred to as joint legal custody), but in some cases, one parent may be awarded sole legal custody.  

On the other hand, physical custody relates to where the child lives and who will be responsible for their day-to-day care. Physical custody may take several forms, including primary, partial, shared, or supervised custody, depending on the needs of the child and the specific circumstances and relationship of the parents.  

The Factors Courts Use to Determine Child Custody  

Under Pennsylvania law, the courts focus on one key principle when determining custody arrangements: the best interests of the child. This guiding standard strives to make sure that all decisions promote the child’s safety, happiness, mental and emotional health, and overall welfare.  

Under 23 Pa. C.S. § 5328(a), Pennsylvania law outlines 16 factors that judges must consider. These factors are intended to provide a thorough and impartial evaluation of the child’s best interests. However, these factors are not weighted equally. Instead, the courts evaluate each case individually and balance the factors based on their relevance to the situation.  

1. The Child’s Well-Being, Safety, and Developmental Needs 

The court places enormous weight on protecting the physical and emotional safety of the child. Stability and security are essential and are considered carefully when making custody decisions. The court will also consider the child’s age and developmental needs to make sure their physical, emotional, and educational requirements are met. 

2. The Parental Duties Each Parent Has Performed 

Pennsylvania judges are required to look at each parent’s role in the upbringing of the child, including their involvement in education, healthcare, extracurricular activities, and everyday care.  

3. Continuity and Stability in Education, Community, and Family Life 

A stable living and learning environment is critical for a child’s emotional development. If one parent resides in the child’s current school district or neighborhood, the court may lean toward a custody arrangement that maintains that continuity for the child. Additionally, the court will assess each parent’s ability to provide a loving and supportive home and cultivate the emotional bond between them and the child. 

4. Extended Family Involvement 

Pennsylvania courts will consider the importance of relationships with the child's grandparents, cousins, and other extended family members who may be close to the child.  

5. The Child’s Sibling Relationships 

Pennsylvania courts aim to preserve sibling relationships, as the bond between brothers and sisters is often an important source of emotional support. If the child's siblings already reside with one parent, the courts may lean toward providing physical custody to that parent to preserve and enhance these relationships. 

6. The Wishes of the Child 

Depending on the child’s age and maturity, the court may consider their preference when it comes to custody arrangements, specifically physical custody. The older and more mature a child, the more weight their opinion may carry. However, the child's safety and overall well-being will take precedence over their individual wishes. 

7. Parental Willingness to Cooperate 

A parent who demonstrates the ability and willingness to foster a positive relationship between their child and the other parent is often favored by the court. Conversely, attempts to alienate the other parent can negatively impact a custody decision.  

8. History of Abuse or Neglect 

The court will examine any history of abuse, neglect, or violence within the home. Any history of substance abuse, such as drug or alcohol abuse, by a parent can also directly impact the child’s safety and welfare. If one parent is found to have exhibited this type of behavior, the courts will likely deny custody to that parent to protect the child from potential harm.  

9. The Mental and Physical Health of All Parties 

The emotional and physical ability of each parent to provide consistent care will be carefully considered by the courts. Mental health conditions or physical issues that may hinder caregiving responsibilities could significantly influence a custody decision.  

10. Proximity of the Parents’ Residences 

The logistics of physical custody arrangements are important. If the parents live close to one another, shared custody is often more feasible.  

11. Number of Overnight Visits 

Pennsylvania courts look favorably at making sure each parent has proper bonding time, especially for young children. Overnight stays with both parents can help foster a nurturing environment for the child and can positively influence a custody arrangement, especially for legal custody decisions.  

12. Parental Availability 

The courts will consider each parent’s work schedules and overall availability to care for the child on a consistent basis. The more time a parent has to provide and care for the child, the stronger the possibility that the court will award a favorable custody arrangement to that parent. 

13. State of Communication Between Parents 

Pennsylvania strives to cultivate shared custody arrangements whenever possible. Therefore, it's important for both parents to engage in effective communication to help foster cooperative parenting. A parent who is unwilling to communicate or compromise may negatively influence the court's custody decisions.  

14. Any Other Relevant Factor 

Every family dynamic is unique and, therefore, not every factor established 23 Pa. C.S. § 5328(a) might fully cover the scope of the court's consideration. The courts maintain broad discretion to consider additional circumstances that are relevant to the child’s well-being. Some examples might include the cultural or religious needs of the child.  

Crafting a Custody Agreement That Works for Your Family  

Pennsylvania judges aim to create a custody arrangement that minimizes stress on the child and encourages positive relationships with both parents whenever possible. However, navigating this process can be overwhelming without experienced legal guidance.  

At Iwanyshyn & Associates, we work closely with families to advocate for fair, compassionate custody arrangements. Whether you need assistance in negotiating a parenting plan or require strong representation in a contested custody dispute, our team is here to help you at every step.  

We understand that every family is unique, and we’re committed to providing personalized legal strategies tailored to your needs and your child’s future. Located in Allison Park, Pennsylvania, we serve clients throughout Pittsburgh, Wexford, Cranberry Township, and Gibsonia. Contact us today to schedule a consultation.