Custody battles can be emotionally draining for both parents and children. They often leave families wondering how a judge will decide who gets to spend more time with the children and why. Understanding the evaluation process in Pennsylvania can help you prepare your case and make more informed decisions during this challenging time.
At Rubin, Glickman, Steinberg & Gifford, P.C., we sat down with Attorney Amy Stern to discuss the factors Pennsylvania judges consider when determining parental fitness and how these assessments shape custody outcomes.
The 16 Custody Factors in Pennsylvania Law
“There are 16 factors that the court has to look at in Pennsylvania in every custody case,” Attorney Stern explains. These factors form the foundation for all custody decisions in the state.
When a judge evaluates a custody case, they systematically review each factor to determine the arrangement that best serves the child’s interests. The comprehensive list includes considerations such as which parent encourages the relationship with the other parent, history of abuse, performance of parental duties, stability needs, extended family availability, sibling relationships, and the child’s preference based on maturity.
Additional factors include attempts to alienate a child from the other parent, ability to maintain a nurturing relationship, capacity to attend to daily needs, distance between parents’ homes, childcare arrangements, level of parental conflict, substance abuse history, mental and physical health, and other relevant developmental concerns.
Evidence and Testimony in Custody Evaluations
Judges gather information about these factors through multiple channels to form an objective assessment of each family’s situation. According to Attorney Stern, these decisions are primarily “based on testimony in a trial.”
“The way the judge determines the answers to those questions is by hearing witnesses,” she explains. “They would listen to both the mother and father testify and any witnesses that people have, which could be friends, family members, teachers, or coaches of the children.”
Courts may also consider professional opinions from therapists, review medical and school records, and, in some cases, hear directly from the child. This multi-faceted approach helps ensure decisions reflect the full complexity of each family’s dynamics.
The Critical Role of Co-Parenting Cooperation
While all factors matter, a parent’s willingness to support the child’s relationship with the other parent often receives special attention, particularly in shared custody considerations.
Attorney Stern notes that judges assess “whether the parents can cooperate” more carefully when evaluating potential 50/50 arrangements because “they need to cooperate more than if one parent is doing most of the time.”
She adds that in shared custody situations, parents “need to be more flexible and they need to be able to accommodate family events, such as when a parent has a wedding or other important occasion they want to include the child in.” This demonstrated ability to put the child’s needs first, despite personal differences, strongly influences custody decisions.
Beyond the Statutory Factors
Pennsylvania courts can also consider circumstances not explicitly listed among the 16 statutory factors when they affect a child’s well-being. Attorney Stern explains that “anything that is in the best interest of the child can be looked at and considered.”
When new partners are involved, courts may examine their background and relationship with the children. “That would be a factor if that person is spending a lot of time with the children,” Attorney Stern states. “The court could look at the person’s background, their criminal record, and they could examine if they have a mental health, drug, or alcohol history.”
However, all claims must be substantiated with evidence rather than hearsay to influence the court’s decision.
Preparing for Your Custody Case
Given the comprehensive evaluation process, proper preparation becomes essential for parents seeking favorable custody arrangements. Attorney Stern shares her approach: “I give them this list first. When they first come in and say they have a custody case, I give them this list, and I tell them these are the most important things.”
Complete honesty with your attorney is crucial. “I want to know everything about them. I do not want to find out anything later,” stresses Attorney Stern, noting that “clients hiding things from you that come out later in court is the worst thing to happen.”
She also emphasizes understanding the opposing perspective: “Everybody comes in and they only have their side… But you need to hear both thoughts because there are always sides to every story.”
Alternatives to Full Court Hearings
Most custody disputes resolve before reaching the trial stage, thanks to Pennsylvania’s multi-tiered resolution system. Attorney Stern explains that “we try to settle before it goes anywhere” to avoid the emotional and financial toll of litigation.
“In Montgomery County, mediation is mandatory,” she notes. If mediation does not produce an agreement, “it goes to custody conciliation where the conciliator will try to help resolve it.” Failing that, “it goes to a conference with the judge where you are in front of the judge.”
These progressive steps often lead to resolution without the stress of a full trial, while giving parents more control over the outcome.
Customized Custody Arrangements
Pennsylvania courts strive to create arrangements that reflect each family’s unique circumstances. While “the courts like to be as close to equally shared custody as possible,” Attorney Stern explains that practical considerations often shape the final arrangement.
Work schedules, living distances, housing adequacy, and parenting capabilities all influence the specific custody schedule. The courts aim to maximize quality time with both parents while ensuring the child’s needs remain at the center of all decisions.
Contact Rubin, Glickman, Steinberg & Gifford, P.C.
Understanding custody factors is just the first step in navigating this challenging process. The talented family law attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. may be able to provide the guidance and representation you need during this difficult time, helping you present your strongest case for your desired custody arrangement.
To discuss your custody case with a knowledgeable attorney, call Rubin, Glickman, Steinberg & Gifford, P.C. today at (215) 822-7575 or complete our contact form to schedule a consultation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
July 11, 2025
