Child Custody Laws in Pennsylvania

The court decides custody based on the best interest of the child, giving substantial weight to factors affecting the child's safety, including which party is more likely to keep the child safe, past or present abuse, child abuse history and violent behavior. Other factors include cooperation and conflict between the parties, each party's willingness to provide care and stability, the need for continuity in education and community, sibling and family relationships, and the child's well-reasoned preference based on developmental stage, maturity and judgment. Between parents there is no presumption that custody should go to a particular parent. The statute does not set a specific age for the child's preference.

At any time after a custody action is started, the court may, on a party's application or on its own, grant appropriate interim or special relief, including temporary legal or physical custody. The rule does not limit the court to the listed types of relief.

The court may direct parties in a custody case to attend informational programs about parental duties, but the case and any order or decree may not be delayed because a party did not take part. The court may also require counseling as part of a custody order (only individual counseling for an abuser, never joint counseling in abuse situations). In divorce cases based on indignities, mutual consent or irretrievable breakdown, the court must require up to three counseling sessions if either party requests it, except over the objection of a party protected by an abuse order.