The 16 Best Interest Factors in Pennsylvania Custody Cases

Pennsylvania custody decisions are governed by the best interest of the child standard under 23 Pa.C.S. 5328(a). Unlike some states that list a handful of general considerations, Pennsylvania specifies 16 distinct factors that courts must evaluate in every custody case. Judges are required to address each factor on the record when making a custody determination, which means understanding these factors is essential for any parent preparing for a custody hearing.

This article explains all 16 factors, discusses which ones tend to carry the most weight in practice, and provides guidance on how to present your case effectively.

The 16 Factors

Factor 1: Which party is more likely to encourage and permit frequent and continuing contact between the child and another party

This factor examines each parent’s willingness to facilitate the child’s relationship with the other parent. A parent who actively supports the child’s bond with the other parent — encouraging phone calls, being flexible with scheduling, speaking positively about the other parent — scores well on this factor. A parent who badmouths the other parent, interferes with visitation, or uses the child as a messenger or weapon faces a negative finding.

Courts take this factor seriously. A parent who demonstrates a pattern of obstruction or alienation risks losing custody even if they are otherwise a good parent.

Factor 2: The present and past abuse committed by a party or member of the party’s household

Abuse includes physical abuse, sexual abuse, and a pattern of emotional abuse. Under 23 Pa.C.S. 5329, if the court finds that a party has been convicted of or has a pending charge for certain criminal offenses — including aggravated assault, kidnapping, sexual offenses, or offenses against children — a rebuttable presumption arises that an award of custody to that party would not be in the child’s best interest.

This is one of the most heavily weighted factors. Documented abuse, protection from abuse (PFA) orders, and criminal convictions can be case-determinative.

Factor 3: The parental duties performed by each party on behalf of the child

This factor looks at which parent has been the primary caretaker — feeding, bathing, helping with homework, transporting to activities, attending medical appointments, managing school communications, and handling the day-to-day work of parenting. Courts want to see concrete evidence of involvement, not just assertions.

Factor 4: The need for stability and continuity in the child’s education, family life, and community life

Children benefit from consistency. A parent who can maintain the child in the same school, neighborhood, and social environment has an advantage under this factor. Courts are reluctant to uproot children from stable situations without good reason.

Factor 5: The availability of extended family

The presence of grandparents, aunts, uncles, and cousins who are involved in the child’s life can weigh in favor of a parent who lives near that support network. This is particularly relevant when a parent relies on extended family for childcare assistance.

Factor 6: The child’s sibling relationships

Courts strongly prefer to keep siblings together. Splitting siblings between parents is disfavored and requires compelling justification. This factor also considers the child’s relationships with half-siblings and step-siblings in each parent’s household.

Factor 7: The well-reasoned preference of the child

Pennsylvania does not set a specific age at which a child can choose which parent to live with. Instead, the court considers the child’s preference based on their age and maturity. A teenager’s clearly articulated preference based on rational reasons carries substantial weight. A young child’s preference may receive less consideration, particularly if it appears influenced by one parent.

The court may interview the child in chambers (in the judge’s office, outside the courtroom) to assess the child’s wishes in a less intimidating setting.

Factor 8: The attempts of a parent to turn the child against the other parent

This factor overlaps with Factor 1 but focuses specifically on alienating behavior — telling the child negative things about the other parent, making the child feel guilty for spending time with the other parent, or involving the child in adult conflicts. Courts view parental alienation as harmful to the child and weigh it heavily against the alienating parent.

Factor 9: Which party is more likely to maintain a loving, stable, consistent, and nurturing relationship with the child

This is a broad assessment of each parent’s emotional availability, parenting style, and overall capacity to provide a healthy environment. Courts look at the quality of the parent-child relationship, not just the quantity of time spent together.

Factor 10: Which party is more likely to attend to the daily physical, emotional, developmental, educational, and special needs of the child

This factor evaluates each parent’s ability and willingness to handle the practical demands of parenting — managing medical needs, supporting educational progress, addressing behavioral or developmental issues, and ensuring the child’s emotional well-being. If the child has special needs, this factor becomes particularly important.

Factor 11: The proximity of the residences of the parties

Geographic distance between the parents’ homes affects the feasibility of shared custody. Parents who live close to each other — ideally within the same school district — can more easily share physical custody. When parents live far apart, one parent will necessarily have primary physical custody during the school year.

Factor 12: Each party’s availability to care for the child or ability to make appropriate child-care arrangements

Work schedules matter. A parent who works from home or has flexible hours may have more time available for direct parenting. A parent who works nights, travels frequently, or has inflexible hours must show that they have reliable, appropriate childcare arrangements in place. Courts assess the actual day-to-day care the child will receive, including who is providing it.

Factor 13: The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another

High conflict between parents weighs against shared custody arrangements. Courts assess whether the parents can communicate effectively about the child’s needs, make joint decisions, and manage transitions without exposing the child to conflict. A parent who demonstrates a willingness to cooperate — even when it is difficult — strengthens their case.

This factor does not penalize a parent for advocating for their rights. It focuses on whether the parent can separate their conflict with the other parent from the child’s needs.

Factor 14: The history of drug or alcohol abuse of a party or member of a party’s household

Substance abuse is a significant concern. Courts consider both current and past abuse, as well as whether the parent has sought treatment and maintained sobriety. A parent in active addiction will face an uphill battle. A parent who has completed treatment, maintains sobriety, and can demonstrate a sustained period of recovery is in a stronger position.

Factor 15: The mental and physical condition of a party or member of a party’s household

Mental health diagnoses do not automatically disqualify a parent from custody. The relevant question is whether the condition affects the parent’s ability to care for the child. A parent who manages depression or anxiety with treatment and maintains effective parenting is not disadvantaged. A parent whose untreated mental illness creates instability, neglect, or risk to the child faces a negative finding.

Physical health conditions are considered similarly — the question is whether the condition impairs the parent’s ability to provide adequate care.

Factor 16: Any other relevant factor

This catch-all factor allows the court to consider any additional circumstance that affects the child’s best interest. Common issues raised under this factor include:

• A parent’s involvement in a new romantic relationship and its effect on the child
• Religious practices and disagreements about the child’s religious upbringing
• The child’s ties to a particular school or community
• A parent’s criminal history (beyond the abuse covered in Factor 2)
• The impact of domestic violence on the child, even if the child was not the direct victim

Which Factors Matter Most in Practice

While courts are required to consider all 16 factors, certain factors consistently carry more weight:

Factor 1 (encouraging contact with the other parent) and Factor 8 (alienation) are among the most influential. Pennsylvania courts place enormous value on a parent’s willingness to support the child’s relationship with the other parent. A parent who consistently undermines that relationship faces serious consequences.

Factor 2 (abuse) is often dispositive when present. Documented abuse, criminal convictions, or active PFA orders can shift the entire analysis in favor of the non-abusive parent.

Factor 3 (parental duties) and Factor 9 (nurturing relationship) are foundational. Courts want to see which parent has been doing the work of parenting and which parent provides the more stable, nurturing environment.

Factor 13 (conflict and cooperation) significantly affects whether courts will order shared physical custody. If the parents cannot cooperate, the court is more likely to designate one parent as primary.

How Judges Apply the Factors

In a custody trial, the judge must issue findings on each of the 16 factors. This means the judge’s decision will include a written analysis explaining how each factor was evaluated and which parent it favored. This requirement provides transparency and creates a record for appeal.

Judges do not assign numerical scores. The analysis is qualitative, and some factors may be neutral (favoring neither parent) while others may strongly favor one side. The overall determination is a holistic assessment of the child’s best interest based on the totality of the evidence.

For a national overview of how custody is determined, see our guide on how child custody is determined. For more on Pennsylvania custody law, see our article on custody relocation rules in Pennsylvania.

What to Do Next

If you are preparing for a custody case in Pennsylvania, take these steps:

1. Organize your case around the 16 factors. Go through each factor and identify what evidence supports your position. Be honest about factors that may not favor you and develop strategies to address them.
2. Document your parenting involvement. Keep records of school events you attend, medical appointments you handle, activities you supervise, and the daily care you provide. Concrete evidence matters more than general claims.
3. Demonstrate cooperation. Respond promptly and reasonably to the other parent’s communications. Follow the existing custody order precisely. Avoid engaging in conflict in front of the children.
4. Address any concerns proactively. If substance abuse, mental health, or domestic violence are issues in your case, get ahead of them. Seek treatment, complete recommended programs, and document your progress.
5. Consult a Pennsylvania custody attorney. The 16-factor analysis is complex and fact-specific. Schedule a consultation with an attorney experienced in Pennsylvania custody cases to evaluate your situation and prepare your case around the factors that will matter most.

Frequently Asked Questions

What should I expect at a custody hearing?

At a custody hearing, both parents present evidence and testimony about why their proposed arrangement serves the child’s best interests. The judge may consider witness testimony, school records, reports from custody evaluators, and the child’s wishes. Hearings can last several hours to several days.

What factors do courts consider when deciding custody?

Courts evaluate the best interests of the child, considering factors like each parent’s relationship with the child, the child’s adjustment to home and school, each parent’s mental and physical health, any history of domestic violence, and the child’s wishes (depending on age and maturity).

What is the difference between legal custody and physical custody?

Legal custody is the right to make major decisions about the child’s education, healthcare, and religious upbringing. Physical custody determines where the child lives. Courts can award both types jointly (shared between parents) or solely to one parent.

Can a custody order be changed after it is finalized?

Yes. Either parent can request a modification if there has been a substantial change in circumstances, such as a parent’s relocation, change in the child’s needs, or concerns about safety. The court must approve any modification and will again evaluate the best interests of the child.