In Pennsylvania, child custody is decided by one standard: the best interests of the child, with the child’s safety weighed most heavily. Custody is governed by Chapter 53 of Pennsylvania’s Domestic Relations Code (23 Pa.C.S. §§ 5321–5340), and neither parent starts with an advantage because of gender or because they are the mother or father.

Graff & Associates represents parents, grandparents, and other caregivers in custody cases in Philadelphia, Montgomery, Delaware, Bucks, and Chester Counties. We help clients negotiate parenting plans that work, and we’re prepared to go to trial when an agreement isn’t possible or a child’s safety is at stake. Set up a free consultation to talk through your situation.

Types of Custody in Pennsylvania

Pennsylvania splits custody into two parts: legal custody (the right to make major decisions about a child’s education, health care, and religion) and physical custody (where the child actually lives and who cares for them day to day). A court can award any of these forms of custody (23 Pa.C.S. § 5323):

Type	What it means
Shared legal custody	Both parents share major decisions. This is the most common arrangement.
Sole legal custody	One parent makes major decisions alone.
Shared physical custody	The child spends significant, though not necessarily equal, time with each parent.
Primary physical custody	The child lives with one parent the majority of the time.
Partial physical custody	A parent has the child for less than a majority of the time.
Sole physical custody	The child lives exclusively with one parent.
Supervised physical custody	Time with a parent takes place under the supervision of an agency or an adult the court designates, usually because of safety concerns.

You may hear “visitation” or “joint custody” used informally, but Pennsylvania law uses the terms above. What many people call “full custody” usually means sole legal and primary or sole physical custody. Courts grant it when shared arrangements aren’t in the child’s best interests, for example because of abuse, substance use, or a parent’s absence.

How Pennsylvania Judges Decide Custody

Under 23 Pa.C.S. § 5328, the court considers a list of best-interest factors and must give substantial weighted consideration to the factors that affect the child’s safety. These include:

• Which party is more likely to ensure the child’s safety
• Present and past abuse by a party or a household member, including protection from abuse (PFA) findings
• Involvement with child protective services
• Violent or assaultive behavior by a party
• The level of conflict and cooperation between the parties, including which parent is more likely to encourage the child’s relationship with the other parent (consistent with safety) and any attempts to turn the child against the other parent
• Each party’s willingness and ability to put the child’s needs first, including daily care and the child’s physical, emotional, educational, and special needs
• The child’s need for stability and continuity in school, family, and community life
• Sibling and other family relationships
• The well-reasoned preference of the child, based on the child’s developmental stage, maturity, and judgment
• How close the parties live to each other
• Each party’s work schedule and ability to arrange child care
• Any history of drug or alcohol abuse by a party or household member
• The mental and physical condition of a party or household member
• Any other relevant factor

No single factor decides a case. Pennsylvania updated this list twice recently. Kayden’s Law (Act 8 of 2024), effective August 2024, put child safety at the center of custody decisions. Act 11 of 2025, effective August 29, 2025, consolidated the factors and protects a parent who acted to protect themselves or the child from abuse from having those actions held against them. The court must explain its reasons for a custody award on the record or in a written opinion.

At What Age Can a Child Choose Which Parent to Live With in PA?

There’s no set age. A child’s preference is one factor, and judges give it more weight as the child gets older and shows maturity and sound reasoning. A teenager’s well-reasoned preference can carry significant weight. A young child’s preference, or one that appears coached, usually carries little.

Who Can File for Custody in Pennsylvania?

• Parents, married or unmarried (23 Pa.C.S. § 5324)
• A person who stands in loco parentis, meaning someone who has assumed parental status and duties with the parent’s consent
• Grandparents, in certain circumstances, such as when a parent has died, the parents are separated for six months or more, or the child has lived with the grandparent (23 Pa.C.S. §§ 5324–5325). See grandparents’ rights.
• Other relatives or caregivers with a sustained, substantial, and sincere interest in the child when neither parent has care and control

In a dispute between two parents, neither has a legal presumption in their favor. In a dispute between a parent and a non-parent, the law presumes custody should go to the parent, and the non-parent must overcome that presumption with clear and convincing evidence (23 Pa.C.S. § 5327).

Custody for Unmarried Parents in PA

Unmarried parents have the same custody rights as married parents. However, an unmarried father must establish legal paternity, through a signed Acknowledgment of Paternity or genetic testing, before he can enforce custody rights. Until a court order is in place, either parent can generally keep the child, which is why filing early matters. Read more about a father’s right to custody in Pennsylvania.

How to File for Custody in PA

1. File a custody complaint in the Court of Common Pleas in the county where the child lives. Pennsylvania generally has jurisdiction if the child has lived in the state for at least six months. In Philadelphia, custody is handled by the Family Court Division.
2. Serve the other party with the complaint and notice of the first court date.
3. Attend the required parenting program, if your county has one, and a conciliation conference or hearing before a custody conference officer or master. Many cases settle at this stage.
4. Mediation, where appropriate. Courts can refer parties to mediation, but not when there’s a history of abuse.
5. Trial before a judge if no agreement is reached. Each parent may be required to submit a parenting plan (23 Pa.C.S. § 5331).
6. Custody order. The order is enforceable, and a parent who violates it can be held in contempt.

Procedures and timelines vary by county. We handle custody cases in Philadelphia Family Court and the Courts of Common Pleas in Montgomery, Bucks, Delaware, and Chester Counties.

Emergency Custody in Pennsylvania

If a child is in immediate danger, a parent can ask the court for emergency (special) relief without waiting for the normal schedule. Courts can issue temporary orders quickly when there’s evidence of abuse, threats to remove the child from the state, or serious neglect. If abuse is involved, a [Protection From Abuse (PFA) order] can also include temporary custody provisions. A full hearing follows.

Modifying a Custody Order

Either party can ask to modify a custody order at any time when it’s in the child’s best interests (23 Pa.C.S. § 5338). Common reasons include a change in a parent’s work schedule or residence, a child’s changing needs as they grow, safety concerns, or one parent repeatedly not following the schedule.

Relocating With a Child

A parent who wants to move in a way that significantly affects the other parent’s custody time must give written notice to every party with custody rights, generally at least 60 days before the move (23 Pa.C.S. § 5337). The other parent has 30 days to object. If there’s an objection, the court holds a hearing and the parent who wants to move must show the relocation is in the child’s best interests.

Parenting Plans That Work

A good parenting plan reduces conflict and keeps both parents focused on the child. Strong plans usually cover:

• A regular weekly schedule and a holiday, birthday, and summer schedule
• How parents will make and communicate about major decisions
• Transportation and exchange locations
• How schedule changes and disputes will be handled
• Rules for travel, phone and video contact, and introducing new partners

A parenting agreement becomes enforceable only once a court approves it and enters it as an order. See our guide to co-parenting schedules in Pennsylvania.

Custody and Child Support Are Separate

Custody and support are decided in separate proceedings. A parent can’t withhold custody time because support isn’t paid, and support doesn’t stop because a parent misses custody time. The custody schedule can affect the support amount, especially in shared physical custody arrangements. Learn more about child support in PA and when child support ends.

How Graff & Associates Can Help

Our custody attorneys can:

• File custody complaints and represent you at conciliation, hearings, and trial
• Negotiate and draft parenting plans and custody agreements
• Seek emergency custody when a child is at risk
• Pursue or defend modification and relocation petitions
• Enforce custody orders through contempt proceedings
• Represent grandparents and third parties seeking custody

Related services: child support, grandparents’ rights, guardianship, and divorce.

Frequently Asked Questions About Child Custody in PA

Talk to a Philadelphia Child Custody Lawyer

Custody cases affect your relationship with your children for years. Graff & Associates helps parents and families in Philadelphia, Montgomery, Delaware, Bucks, and Chester Counties reach workable agreements and protect their children in court when needed.

Graff & Associates, LLC Phone: 215-572-6868 123 Old York Road, Suite 200, Jenkintown, PA 19046

This page provides general information about Pennsylvania law and is not legal advice. Contact an attorney about your specific situation.