What Parents Need to Know About the 12 Custody Factors
If you are going through a custody case in Pennsylvania, one of the biggest questions is often: What will the judge consider in a Pennsylvania child custody hearing when deciding what’s best for my child? For years, courts have relied on a list of “16 custody factors” to guide these decisions. Beginning August 29, 2025, a new law changes how these factors are shared and applied, with the goal of making the standards courts use easier for parents to understand.
At Blessing Law, we understand that custody disputes often raise concerns for parents about whether the court will fully recognize their child’s needs, their safety concerns, and their family’s unique circumstances. These updates are designed to emphasize child safety and make the standards courts use more straightforward for families.
In this blog, we explain what has changed, outline the custody factors, and help you understand why these revisions matter if you are navigating custody issues in Pennsylvania after August 29, 2025.
What Has Changed in Pennsylvania Custody Law
Under the new statute, the list of 16 custody factors is now streamlined into 12 core considerations. While the court has always looked at the “best interests of the child,” this update clarifies how those interests are evaluated and communicated to parents.
Here are the most significant updates:
- Written notice requirement. After a custody filing is made, the court must provide all parties named in the complaint or petition with a written copy of the custody factors within 30 days.
- Safety prioritized. Courts must give substantial weighted consideration to safety-related factors, including past or present abuse, child-protective-services information, and violent or assaultive behavior.
- Simplified framework. By consolidating from 16 to 12 factors, the law reduces overlap and simplifies the framework without losing nuance.
The purpose of these revisions is clear: to ensure parents know what standards courts will apply, while emphasizing safety and stability in every decision. For a summary provided by the Montgomery County Court on these changes, you can view the custody factors here.
What Judges Consider: The 12 Custody Factors
The revised custody law, found in 23 Pa.C.S. § 5328 as amended by Act 11 of 2025 (House Bill 378), keeps the foundation of the old statute but simplifies how the factors are grouped and applied. While the legal text can feel dense, here is what the revised list essentially asks the court to consider:
- The child’s safety and well-being above all else
- Any history of violent behavior, abuse, neglect, domestic violence, and involvement with child protective services
- Each parent’s ability to provide daily care, stability, and supervision
- The emotional bond between the child and each parent, and with siblings
- The child’s school, community, and family connections
- Each parent’s willingness to support the child’s relationship with the other parent
- Any history of parental substance abuse
- The mental and physical health of each parent
- Work schedules, availability, and ability to meet the child’s needs
- Proximity of the parents’ homes and transportation concerns
- The child’s preference, depending on age and maturity
- Any other circumstance that impacts the child’s best interests
A crucial clarification in the law is that if a parent takes reasonable steps to protect a child from abuse, those protective actions cannot be used against them. This change provides reassurance for parents who act in good faith to safeguard their children.
Why These Changes Matter for Families
For many parents, the custody process feels overwhelming because of uncertainty. You may wonder: Will the court truly understand my child’s needs? Will my safety concerns be taken seriously?
The Pennsylvania custody law update in 2025 is designed to ease some of these fears by:
- Ensuring parents receive the custody factors in writing, so nothing is hidden
- Reinforcing that safety and abuse concerns carry extra weight
- Simplifying the process into 12 clear categories, which makes it easier to prepare
Ultimately, these updates reaffirm that custody decisions in Pennsylvania will continue to focus on one central principle: the best interest of the child. Knowing what the court will look at is only half the battle; showing how those factors apply to your family is just as important.
How to Prepare for Custody Proceedings Under the New Law
Understanding the 12 custody factors is only the first step. If you are navigating custody in Pennsylvania after August 29, 2025, here are some practical ways to prepare:
- Review the written notice early. Once your case is filed, you’ll receive the list of factors in writing. Take the time to read through them carefully so you know exactly what the court will consider.
- Document safety concerns and caregiving efforts. Keep records of any incidents involving abuse or neglect, as well as proof of the daily care, routines, and support you provide for your child.
- Think about stability. Judges place weight on schooling, community ties, and consistent care. Consider how you can demonstrate that your child’s environment with you is safe and steady.
- Be ready to show cooperation. Courts often look favorably on parents who support the child’s relationship with the other parent, provided it is safe and appropriate.
By preparing with these factors in mind, you’ll feel more confident entering mediation or court, knowing that you are presenting your case in a way that aligns with what judges are now required to evaluate.
Taking the Next Step
Custody disputes can feel overwhelming, but you don’t have to face them alone. At Blessing Law, we support families across Philadelphia, Bucks, Montgomery, and Chester counties, as well as throughout Southeastern Pennsylvania, with guidance tailored to their unique circumstances. Whether you’re preparing for mediation, heading into a court hearing, or weighing your options, we’re here to guide you through the process and discuss what the new law may mean for your family.
If you’d like to discuss how Pennsylvania’s updated custody law may affect your family, contact Blessing Law today.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every custody case is unique, and you should consult a qualified Pennsylvania family law attorney about your specific circumstances.