Important: This guide is for informational purposes only and does not constitute legal advice. Every custody case is fact-specific. Consult a licensed Pennsylvania family law attorney for advice about your situation.
Pennsylvania custody law is governed by the Child Custody Act, 23 Pa.C.S. §§ 5321–5340. Pennsylvania courts distinguish between legal custody (the right to make major decisions about a child's education, medical care, and religious upbringing) and physical custody(where the child physically lives). Courts may award sole or shared custody of either type.
Pennsylvania law establishes a strong presumption in favor of shared legal custodybut does not presume shared physical custody. Instead, the court weighs 16 statutory best-interest factors under § 5328 to craft a parenting plan tailored to the child's specific needs. Every custody order must include a written parenting plan addressing schedules, decision-making, and holiday arrangements.
Types of Custody in Pennsylvania
§ 5322
Shared Legal Custody
Both parents share the right to make major decisions for the child. Pennsylvania courts strongly favor this arrangement.
§ 5322
Sole Legal Custody
One parent has exclusive decision-making authority. Granted when shared legal custody is not in the child's best interest.
§ 5322
Shared Physical Custody
The child spends significant time living with each parent. Does not require a 50/50 split — any substantial sharing qualifies.
§ 5322
Primary Physical Custody
The child lives primarily with one parent. The other parent typically receives scheduled partial physical custody.
§ 5322
Partial Physical Custody
The non-primary parent's scheduled time with the child. Often includes alternating weekends, holidays, and vacations.
§ 5322
Supervised Physical Custody
Contact between a parent and child occurs in the presence of a third party or agency. Ordered when safety concerns exist.
The 16 Best-Interest Factors
Under 23 Pa.C.S. § 5328(a), courts must consider all of the following factors:
Note: Factor 2 (abuse) is paramount. A court must make a finding about whether abuse has occurred before addressing all other factors. A history of domestic violence creates a rebuttable presumption against custody in favor of the abusive parent.
How to File for Custody in Pennsylvania
Custody cases are filed in the Court of Common Pleas, Family Division, in the county where the child has lived for the past six months (UCCJEA jurisdiction under 23 Pa.C.S. § 5421).
Confirm Jurisdiction (UCCJEA)
Pennsylvania has jurisdiction if the child has lived in the state for at least the past six consecutive months (or since birth for younger children). Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), 23 Pa.C.S. §§ 5401–5482, you file in the county of the child's "home state." If the other parent is in a different state, jurisdiction rules become critical — consult an attorney if there is any question.
File a Custody Complaint
File a Complaint for Custody (or Modification of Existing Order) in the Family Division of the Court of Common Pleas in the appropriate county. You must complete court-specific forms — for example, Philadelphia uses CP-21 series forms through the Domestic Relations Section. Filing fees range from $150–$300 depending on the county. If you cannot afford fees, file a Motion to Proceed In Forma Pauperis.
Attend Custody Orientation (if required)
Many Pennsylvania counties require both parties to attend a court-ordered parenting education program before proceeding. This is typically a 2–4 hour seminar covering the impact of conflict on children, co-parenting strategies, and court expectations. Philadelphia requires the "Children in the Middle" program. Failure to attend can delay your case.
Participate in Mediation
Most Pennsylvania counties require parents to attempt mediation before a contested custody hearing. The mediator is a neutral third party who helps parents reach an agreement on a Parenting Plan. Mediation is confidential and voluntary in the sense that no agreement can be forced — but participation itself is typically mandatory. If mediation succeeds, the agreement is submitted to the court as a Consent Order.
Draft a Parenting Plan
If you reach agreement (through mediation or negotiation), document the terms in a detailed Parenting Plan. The plan must address: primary residence, holiday and vacation schedule, school-year and summer schedules, decision-making for medical/educational matters, transportation arrangements, communication protocols, and procedures for resolving future disputes. Courts will not approve vague plans — specificity protects both parties.
Obtain a Custody Order
If both parties agree, submit the Consent Agreement and Parenting Plan for judicial approval. The court will review the plan to ensure it serves the child's best interest and enter a Custody Order. If the parties cannot agree, the case proceeds to a custody conference (typically with a hearing officer) and then to a hearing before a judge who applies the 16 § 5328 factors. Child support (calculated under Pa. Rule 1910.16-4) is addressed separately by the Domestic Relations Section.
Modifying a Custody Order
Under 23 Pa.C.S. § 5338, a custody order may be modified at any time if the court finds that it is in the best interest of the child. Unlike modification standards in some other states, Pennsylvania does not require a showing of a "substantial change in circumstances" as a threshold — best interest alone is sufficient. However, courts are reluctant to modify orders without some meaningful change in relevant facts.
Common grounds for modification include: relocation of a parent (which requires separate Relocation Notice procedures under § 5337), significant changes in the child's needs, a parent's remarriage or new household composition, domestic violence, substance abuse, or the child reaching an age where their preference carries greater weight (typically adolescence).
Free Legal Resources in Pennsylvania
Philadelphia
Community Legal Services
215-981-3700
Free civil legal services including family law and custody for low-income Philadelphians.
Statewide
PA Legal Aid Network
1-800-322-7572
Network of legal aid offices across all 67 Pennsylvania counties.
Statewide
Pennsylvania Bar Association
1-800-932-0311
Lawyer referral service with reduced-fee initial consultations.
PA 24/7
Domestic Violence Hotline
1-800-799-7233
If abuse is a factor in your custody case, call first. Safety planning is the priority.
Related Pennsylvania Legal Guides
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Get the Custody Agreement Packet — $249Templates are for informational purposes only and do not constitute legal advice.
This guide is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Pennsylvania child custody law is complex and fact-specific. Consult a licensed Pennsylvania family law attorney for advice about your case. Statute references are to 23 Pa.C.S. as of 2026.