Custody Laws in Pennsylvania: A Comprehensive Guide for Parents

Overview of Pennsylvania Custody Laws

Whether you’re separating from a spouse or navigating co-parenting as an unmarried parent, understanding child custody laws in Pennsylvania is critical. Custody decisions affect where your child lives, who makes decisions for them, and how parenting time is shared.

At Cooper Family Law, we guide families across Philadelphia, Montgomery, Chester, Bucks, and Delaware Counties through custody matters with compassion and clarity.

Types of Custody in Pennsylvania

Pennsylvania law breaks custody into two main categories:

1. Legal Custody

• The right to make major decisions about the child’s life (education, healthcare, religion, etc.)

• Can be shared or sole

2. Physical Custody

• Where the child lives and spends time

• Includes:

  • Primary custody

  • Shared custody

  • Partial custody

  • Supervised visitation

Courts may order any combination based on the child’s best interests.

How Courts Decide Custody in PA

Custody decisions are made based on 23 Pa. C.S. § 5328, which outlines factors a judge must consider. These include:

• The child’s relationship with each parent

• Each parent’s ability to provide a stable home

• Willingness to co-parent and encourage the child’s relationship with the other parent

• Any history of abuse, neglect, or substance use

• The child’s preference (if age-appropriate)

• The need for continuity and routine

Gender is not a factor — mothers and fathers are treated equally under the law.

PA Custody Laws for Unmarried Parents

Unmarried parents have the same rights to custody and visitation as married ones, once paternity is established.

For Fathers:

• If not listed on the birth certificate, a father must establish legal paternity through:

  • Voluntary acknowledgment

  • Genetic testing

• Once paternity is confirmed, fathers can seek shared custody or visitation through the court.

Courts focus on the child’s best interest, not the parents’ marital status.

How to File for Custody in Pennsylvania

The custody process typically involves:

1. Filing a custody complaint with the Court of Common Pleas in your county

2. Serving the other parent with legal notice

3. Attending conciliation or mediation, if required by the court

4. A custody hearing, where both parties present evidence and testimony

5. Issuance of a custody order

Courts may also grant temporary orders if there’s an emergency or dispute during the process.

Enforcing Custody Orders in Pennsylvania

If a parent refuses to follow a custody order, you can:

• File a Petition for Contempt

• Request make-up time or modification

• Ask the court to impose sanctions or supervised visits

Courts take violations seriously, especially when they disrupt the child’s well-being.

Pennsylvania Statutes on Custody

• 23 Pa. C.S. § 5321–5340 – Pennsylvania’s Child Custody Act

• Pa. R.C.P. 1915.1–1915.25 – Custody procedures and rules

Each county in Southeastern PA has unique procedures:

• Philadelphia often requires parenting classes and mediation

• Montgomery and Chester Counties typically begin with a custody conference

• Bucks and Delaware Counties provide forms and self-help guidance for filing

Check your county’s family court website or consult a custody attorney familiar with local practices.