Child Custody Factors
Pennsylvania courts consider these factors when determining the best interests of a child:
- Duties regularly performed on behalf of the child by each parent;
- History of substance abuse in either household;
- Maintaining stability in the child’s school, home, and local community life;
- Past or present abuse committed by either parent or a member of either parent’s household;
- Mental and physical conditions of the members of each household;
- The child’s preference;
- The child’s relationship with other members of each household;
- The parents’ ability to cooperate with one another;
- The parents’ ability to provide adequate stability and consistency and to nurture the child’s daily physical, emotional, developmental, educational, and unique needs;
- The proximity of the parents’ homes to each other; and
- Whether or not each parent respects the other parent’s relationship with the child.
How to File for Custody in Pennsylvania
1. Agree on a Parenting Plan
In Pennsylvania, the court may require the parents to submit a proposed parenting plan if the custody case is contested.[1] It is highly recommended that the parents try to reach an agreement on the terms of custody, such as parenting time schedule, childcare arrangements, and other important matters involving the child.
2. Calculate Child Support
Use the state’s Child Support Estimator to calculate how much the court may order in child support obligations. Under Pennsylvania’s Child Support Guidelines, the amount is determined by the net monthly income of both parents and the number of children who need support.[2]
3. Complete and File Required Forms
Download and fill out the following forms from the Pennsylvania Judicial System:
- Complaint for Custody
- Criminal Record Abuse History Verification (Form 3) (if applicable)
- Scheduling Order (Form 5)
- Self-Represented Party Entry of Appearance (if applicable)
Some counties in Pennsylvania will also require county-specific forms.[3]
File the forms with the county clerk local to the child’s permanent residence.
4. Serve Defendant
Serve court-certified copies of the forms to the defendant parent. Include the following service documents:
- Acceptance of Service (defendant completes); and
- Affidavit of Service (Certified Mail, Personal Service, Commercial Carrier, or another manner).
Custody Laws
- Access to records and information: § 5336
- Child’s best interest: § 5328
- Child’s preference: § 5328(a)(7)
- Consideration of criminal conviction: § 5329
- Counsel for the child: § 5335
- Emergency custody: § 5424
- Grandparents and great-grandparents: § 5328(c)
- Modification of existing order: § 5338
- Parenting plan: § 5331
- Relocation: § 5337
- Visitation: § 5322(b)
- Uniform Child Custody Act: Title 23, Chapter 54 (§§ 5401-5412)
Related Forms
