What factors affect child custody and visitation in Pennsylvania?

Pennsylvania courts must decide custody cases in the best interest of the child. The judge considers all relevant factors when parents require court intervention to reach a custody arrangement.

Learn more about child custody and visitation laws in Pennsylvania if you face a divorce.


Child custody

Pennsylvania custody laws are gender-neutral. Custody laws provide each parent with equal custody rights to the child. The court presumes joint custody when both parties are competent caregivers.

Pennsylvania encourages visitation rights for the non-custodial parent in most situations. Visitation may include partial, shared or supervised physical custody.

The court can impose requirements to uphold custody. The court can require parents with a history of substance abuse to submit drug tests. The court will not allow visitation if there are serious safety issues such as a history of domestic abuse.


Best interest of the child

The court considers all relevant factors with weighted consideration when determining custody. These factors include but are not limited to:

  • Sibling and extended family relationships
  • The child’s wishes, depending on maturity level and age
  • Stability and continuity for the child
  • Parenting duties of each party
  • The proximity of the parent’s homes to one another
  • How well each parent tends to the child’s needs
  • History of drug or alcohol abuse (for parents and anyone living in the home)
  • Any current or past abuse or risk of harm in the household

The judge can consider any evidence that reflects the child’s well-being in either home situation. Examples include personal testimony, communication, medical records, school records, education records, and expert testimony.