How Is Child Custody Decided in a Divorce or Separation?

Pennsylvania courts decide child custody based on the child’s best interests. Every family is different, so judges consider the facts of each case before deciding where a child will live and how parenting responsibilities will be shared.

Understanding how those decisions are made can help you prepare for the custody process and know what to expect. At Crouthamel Law Offices, we help families in Bethlehem and throughout eastern Pennsylvania navigate child custody during divorce and separation. Below, we’ll explain how Pennsylvania courts make custody decisions and the factors judges consider.

Factors Pennsylvania Courts Consider in Child Custody Cases 

Judges consider many factors when deciding child custody in Pennsylvania. Some of the most important include:

• The child’s safety: Pennsylvania gives greater weight to factors that affect a child’s safety, including a parent’s history of abuse, violent behavior, involvement with child protective services, or substance abuse.
• Each parent’s ability to meet the child’s needs: Judges consider which parent has been performing parental duties and is better able to meet the child’s physical, emotional, developmental, educational, and special needs.
• Stability and continuity: Judges consider whether a proposed custody arrangement allows the child to maintain consistent routines, remain in the same school when appropriate, and preserve important family and community connections.
• Family relationships: Courts look at the strength of the child’s relationships with parents, siblings, and other significant family members, as well as each parent’s ability to support those relationships.
• Each parent’s availability: Work schedules, availability to care for the child, and the ability to make appropriate child-care arrangements are all considered.
• The child’s preference: If the child is mature enough to express a well-reasoned preference, the court may consider those wishes along with the other evidence.

Can Parents Decide Custody Without Going to Court?

Yes, many parents resolve child custody without asking a judge to decide the case. They can work together to create a parenting plan that outlines where the child will live, how parenting time will be shared, and how important decisions will be made.

Even if both parents agree, though, the court must approve the agreement before it becomes an enforceable custody order. If they can’t reach an agreement, the court will hold a custody hearing and decide the arrangement based on the child’s best interests.

Depending on the county, the court may refer parents to mediation before a custody hearing. Mediation allows parents to reach an agreement with the help of a neutral third party. That said, it isn’t appropriate in every case, particularly when domestic violence or child abuse is involved.

Get Legal Guidance for Your Custody Case in Pennsylvania

Whether you’re creating a parenting plan or preparing for a custody hearing, understanding how Pennsylvania courts make custody decisions is an important first step. The choices you make now can have a lasting impact on your family.

If you’re facing a child custody dispute in Bethlehem or anywhere in eastern Pennsylvania, Crouthamel Law Offices can help you understand your options and protect your parental rights. Call 610-428-3386 or fill out our online form to schedule a consultation.