When parents separate or divorce in Pennsylvania, parenting time is not decided based on what either parent wants. It is based on what serves the child’s best interests. Pennsylvania courts weigh 12 specific factors when making custody decisions, a list that was consolidated from 16 in August 2025. Understanding these factors can help you prepare for what lies ahead.
How courts decide parenting time
Pennsylvania courts use a best interest standard when ordering any form of custody. Under Kayden’s Law, which took effect in 2024, judges must give substantial weighted consideration to four specific safety factors above all others. No single factor controls the outcome, and neither parent receives preference based on gender.
Factors that carry the most weight
Safety comes first. Judges give the heaviest consideration to which parent is more likely to keep the child safe, any history of abuse by a parent or household member, child abuse findings involving protective services and any violent or assaultive behavior. These safety-related factors can significantly shape the parenting time schedule a court orders.
Other factors judges consider
Beyond safety, the court evaluates practical and relational factors when setting a custody and parenting schedule. These include:
- The level of cooperation and conflict between the parents, including which parent is more likely to support the child’s relationship with the other
- Each parent’s willingness to provide care, stability and continuity
- The child’s need for stability in school, family life and community activities
- Sibling and extended family relationships
- The child’s own preference if mature enough to express a well-reasoned choice
- How far apart the parents live and each parent’s work schedule
The court also considers any history of substance abuse and the mental and physical condition of everyone in the household.
What changed in 2025
Pennsylvania recently streamlined its custody factors by consolidating overlapping considerations while keeping the emphasis on the child’s best interests. Courts must now provide all parties with a written copy of these factors within 30 days of receiving any custody complaint, modification petition or petition to intervene.
How your situation shapes the schedule
Every family is different. A parent who works nights faces different considerations than one who works from home. The factors exist to give courts a framework for weighing these realities, and the stronger your evidence on the factors that matter most, the better positioned you are to reach an arrangement that works for your child.
