Changing Factors in Child Custody Cases
Written by Heather Reynosa
Like everything else these days, things just keep changing. In child custody matters, the standard remains, “the best interest of the child.” The considerations that the Court must weigh continue to be reorganized and change.
In Pennsylvania during a child custody trial, we are bound by 16 factors with subsections under Factor Two. As of August 29, 2025, the 16 factors changed again. Factor Two is further broken down into sub-parts and sub-sub parts with a continuing and elevated focus on abuse.
What does this mean for the litigants and the children at issue? Likely, more conflict. Why? A criminal conviction of a listed 23 Pa.C.S.A. § 5329 offense is no longer the standard. Now, under the modified §5329 law, litigants can use evidence of and/or claims of abuse, reported or not, to humans and/or to animals. The range of relevant evidence has been widely expanded. As with most, if not all legislation, the motivations behind the modifications have good intentions. The overall effect is yet to be fully revealed and determined.
Best practice: If you are embarking on child custody litigation, seek out a consultation to discuss the controlling “factors” at that time and to discuss any past, present and/or future concerns you may have concerning the ever-expansive Factor Two. The time and money spent for an informed consultation will be worth its weight in custody factors.