Child Custody During Divorce in Pennsylvania

If you have children and are filing for divorce in Pennsylvania, custody is almost certainly your biggest concern. The divorce itself and custody are technically separate legal proceedings in Pennsylvania — you can file for custody independently of the divorce, or join a custody count to your divorce complaint.

Here is how the process works and what to expect.

Custody and Divorce Are Separate Tracks

Pennsylvania handles divorce and custody as distinct proceedings, even when they involve the same family. Your divorce complaint resolves the marriage (property, support, decree). Custody is governed by a separate statute — 23 Pa. C.S. Chapter 53 (the Child Custody Act).

You have two options for how to proceed:

1. Join a custody count to your divorce complaint — this consolidates everything into one case and one judge. Adding a custody count increases your filing fee ($46-175 extra depending on county).
2. File a separate custody complaint — filed in the same county Court of Common Pleas but assigned its own docket number. This may proceed on a different timeline from the divorce.

Most parents choose option 1 for simplicity, especially when the divorce and custody are intertwined.

Types of Custody in Pennsylvania

Pennsylvania law recognizes four forms of custody:

• Legal custody: The right to make major decisions about the child's life — education, medical care, religion, extracurricular activities
• Physical custody: Where the child lives day to day
• Shared custody: Both parents share legal and/or physical custody on a defined schedule
• Sole custody: One parent has exclusive legal or physical custody (rare except in abuse/neglect situations)

The most common outcome is shared legal custody with a primary physical custodian and a defined schedule for the other parent. Pennsylvania law explicitly states there is no presumption favoring one parent over the other based on gender.

Best Interests Factors

Under 23 Pa. C.S. Section 5328, the court evaluates 16 factors when determining custody:

1. Which party is more likely to encourage frequent contact with the other parent
2. Any present or past abuse by a party or household member
3. Parental duties performed by each party
4. Stability and continuity for the child
5. Availability of extended family
6. Child's sibling relationships
7. The child's well-reasoned preference (based on maturity)
8. Which party is more likely to maintain a loving, stable relationship with the child
9. Which party is more likely to attend to the child's daily needs
10. Proximity of the parents' residences
11. Each parent's availability to care for the child
12. Each parent's history of drug or alcohol abuse
13. Mental and physical condition of a party or household member
14. Any other relevant factor

There is no mechanical formula. Judges weigh these factors holistically based on the specific family's circumstances.

Temporary Custody Orders

While your divorce is pending, either parent can request temporary custody orders to establish a schedule immediately. This is critical — without a court order, both parents have equal legal rights to the child, which can lead to conflict.

Most counties require parents to attend a co-parenting education class before a custody hearing ($45-50 per parent). Many counties also require custody mediation before a trial. If mediation produces an agreement, it becomes a court order without a hearing.

Child Support During Divorce

Child support is calculated using Pennsylvania's statewide guidelines based on both parents' net monthly incomes and the custody schedule. Support can be requested as soon as the divorce is filed (or separately through the Domestic Relations Section of the Court of Common Pleas).

Key points about PA child support during divorce:

• Calculated from a statewide income-shares formula — not judicial discretion
• Includes a basic amount plus additional support for childcare, health insurance premiums, and extraordinary expenses
• Can be ordered temporarily (pendente lite) while the divorce is pending
• Continues until the child turns 18 (or graduates high school, whichever is later, up to age 19)

Practical Steps for Parents Filing Pro Se

If you are handling the divorce yourself:

1. Include a custody count in your complaint if you want one judge handling everything
2. Document your current arrangement — who has the kids, what the schedule looks like, who handles school pickup, medical appointments, etc.
3. Attend the mandatory co-parenting class — your county will not schedule a custody hearing or conference until both parents complete it
4. Request temporary orders early if there is conflict about where the children will live during the divorce
5. Consider mediation first — it is cheaper, faster, and produces outcomes both parents had input on

The Pennsylvania Divorce Filing Process Guide covers how to join a custody count to your complaint and what to expect at the custody conference, so you are prepared when the court schedules your first hearing.

See more Pennsylvania guides →