Personal Injury, Business, and Family Lawyers

Under the Pennsylvania Statute, the Courts must weigh the following factors when determining the best interest of children involved in custody disputes:

• Which party is most likely to encourage and permit frequent and continuing contact between the child and another party
• The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party in which party can better provide adequate physical safeguards and supervision of the child
• The parental duties performed by each party on behalf of each child
• The need for stability and continuity in the child’s education, family life and community life
• The availability of extended family
• A child’s sibling relationship(s)
• The well reasoned preference of the child, based on the child’s maturity and judgment
• The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm
• Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child, adequate for the child’s emotional needs
• Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child
• The proximity of the residences of the parties
• Each party’s availability to care for the child or the ability to make appropriate child care arrangements
• The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. The party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party
• The history of drug or alcohol abuse of a party or member of a party’s household
• The mental and/or physical condition of a party or member of a party’s household
• Any other relevant factor