FACTORS TO CONSIDER WHEN AWARDING CUSTODY
23 Pa. C.S. sec. 5328
- Which party is more likely to ensure the safety of the child.
- The present and past abuse committed by a party or member of the party’s household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.
(a) Child abuse and involvement with protective services.
(b) Violent or assaultive behavior committed by a party.
(c) The level of cooperation and conflict between the parties, including:
- Which party is more likely to encourage and permit frequent and continuing contact between the child and the other party or parties if contact is consistent with the safety needs of the child; and
- The attempts by a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child.
- A willingness and ability of a party to prioritize the needs of the child by providing appropriate care, stability and continuity for the child, considering the parental duties performed by the party on behalf of the child in the past and whether the party is willing and able to perform the duties in the future, and attend to the daily physical, emotional, developmental, educational and special needs of the child.
- The need for stability and continuity in the child’s education, family life and community life, except if changes are necessary to protect the safety of the child or a party.
- The child’s sibling and other familial
- The well-reasoned preference of the child, based on the child’s developmental stage, maturity and judgment.
- The proximity of the residences of the
- Each party’s employment schedule and availability to care for the child or ability to make appropriate child-care arrangements.
- The history of drug or alcohol abuse of a party or member of a party’s
- The mental and physical condition of a party or member of a party’s
- Any other relevant