best-interests standard in Pennsylvania

2026“The best-interests standard, decided on a case-by-case basis, considers all factors that legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual wellbeing.” Saintz v. Rinker, 902 A.2d 509, 512 (Pa. Super. 2006) (citation omitted).

2025“The best-interests standard, decided on a case-by-case basis, considers all factors that legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual wellbeing.” Saintz v. Rinker, 902 A.2d 509, 512 (Pa. Super. 2006) (citation omitted).

2025“The best-interests standard, decided on a case-by-case basis, considers all factors that legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual wellbeing.” Saintz v. Rinker, 902 A.2d 509 , - 13 - J-A28030-24 512 (Pa. Super. 2006) (citing Arnold v. Arnold, 847 A.2d 674, 677 (Pa. Super. 2004)).

2025“The best-interests standard, decided on a case-by-case basis, considers all factors that legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual wellbeing.” Saintz v. Rinker, 902 A.2d 509, 512 (Pa. Super. 2006) (citing Arnold v. Arnold, 847 A.2d 674, 677 (Pa. Super. 2004).

2026“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.” D.K.D. v. A.L.C., 141 A.3d 566, 572 (Pa. Super. 2016) (citations omitted).

2026“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.” D.K.D. v. A.L.C., 141 A.3d 566, 572 (Pa. Super. 2016) (citations omitted).

2025“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral and spiritual well-being.” Id. -7- J-A21021-25 (quoting M.J.N. v. J.K., 169 A.3d 108, 112 (Pa. Super. 2017)).

2025“The best-interests standard, decided on a case- by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral and spiritual well-being.” Id. (quoting M.J.N. v. J.K., 169 A.3d 108, 112 (Pa.Super. 2017)).

2026“Common sense dictates that trial courts should strive, all other things being equal, to assure that a child maintains a healthy relationship with both of his or her parents, and that the parents work together to raise their child.” S.C.B. v. J.S.B., 218 A.3d 905, 916 (Pa. Super. 2019). -7- J-S10002-26 The trial court “shall determine the best interest of the child by considering all relevant factors, giving substantial weighted consideration to the factors . . . which affect the safety of the child,” including the factors mandated by the Custody Act. 23 Pa.C.S. § 5328(a).

2026“Common sense dictates that trial courts should strive, all other things being equal, to assure that a child maintains a healthy relationship with both of his or her parents, and that the parents work together to raise their child.” S.C.B. v. J.S.B., 218 A.3d 905, 916 (Pa. Super. 2019). -7- J-S10002-26 The trial court “shall determine the best interest of the child by considering all relevant factors, giving substantial weighted consideration to the factors . . . which affect the safety of the child,” including the factors mandated by the Custody Act. 23 Pa.C.S. § 5328(a).

2024We are mindful that “[p]rior to the formation of a custodial order, the parents stand on equal footing and the only burden carried by either of them is to establish what is in the best interest of the child.” J.R.M., 33 A.3d at 650 (citation and brackets omitted); see also 23 Pa.C.S.A. § 5327(a) (“In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.”).

2014J.R.M. v. J.E.A., 33 A.3d 647, 650 (Pa. Super. 2011) (quoting Durning v. Balent/Kurdilla, 19 A.3d 1125, 1128 (Pa. Super. 2011)). -4- J-A21045-14 the best-interests analysis, a trial court is required to consider the factors set forth at 23 Pa.C.S. § 5328(a).

2024“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.” M.G., 155 A.3d at 1091 (citation omitted).

2017“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.” Saintz v. Rinker, 902 A.2d 509, 512 (Pa. Super. 2006) (citing Arnold v. Arnold, 847 A.2d 674, 677 (Pa. Super. 2004)). - 13 - J-A11015-17 M.G. v. L.D., 155 A.3d 1083, 1091 (Pa. Super. 2017).

2025Courts must apply the best-interests standard on “a case-by-case basis [and] consider[] all factors which legitimately have an effect upon the child's physical, intellectual, moral and spiritual well-being.” R.L., 209 A.3d at 395 (quoting M.J.N. v. J.K., 169 A.3d 108 , 112 (Pa.Super. 2017)).

2024“The best-interests standard, decided on a case-by- case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral and spiritual well-being.” R.L., 209 A.3d at 395 (citations omitted).

2019See 23 Pa.C.S.A. § 5328(a) (“[i]n ordering any form of custody, the court shall determine the best interests of the child by considering all relevant factors . . . .”); see also A.V. v. S.T., 87 A.3d 818, 821 (Pa.Super. 2014) (reiterating that “Section 5328 provides an enumerated list of sixteen factors a trial court must consider in determining the best interests of the child or children when awarding any form of custody.”).

2019Trial courts are required to consider “[a]ll of the factors listed in section 5328(a) . . . when entering a custody order.” J.R.M. v. J.E.A., 33 A.3d 647, 652 (Pa. Super. 2011) (emphasis in original); see also A.V., supra at 823 (citation omitted) (providing that trial courts shall set forth the mandatory assessment of the Section 5328(a) best interest factors “prior to the deadline by which a litigant must file a notice of appeal”).

2015See, e.g., Durning v. Balent/Kurdilla, 19 A.3d 1125, 1129 (Pa. Super. 2011) (“When conducting a best-interests analysis, a court must give positive consideration to the parent who has been the primary caregiver.”) [citation omitted]; Klos v. Klos, 934 A.2d 724 , 729 -3- J-A33006-14 Relevant to the case at bar, at this juncture, due in large part to the child’s age, Mother’s ability to meet the child’s daily needs and the child’s need for stability and continuity weigh in favor of a gradual increase in custody.

2015See, e.g., Durning v. Balent/Kurdilla, 19 A.3d 1125, 1129 (Pa.Super.2011) (“When conducting a best-interests analysis, a court must give positive consideration to the parent who has been the primary caregiver.”) [citation omitted]; Klos v. Klos, 934 A.2d 724 , 729 on n. 4 (Pa.Super.2007) (same), Collins v. Collins, 897 A.2d 466, 473 (Pa.Super.2006) (same).

2024“The best-interests standard, decided on a case-by- case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.” D.K.D. v. A.L.C., 141 A.3d 566, 572 (Pa. Super. 2016) (citations omitted); see also J.M.R. v. J.M., 1 A.3d 902, 911 (Pa. Super. 2010) (“In evaluating whether a modification of custody is in a child’s best interest, the court has an obligation to consider all relevant factors that could affect the child’s well-being.” (citation omitted)).

2018“The best-interests standard, decided on a case-by-case basis, considers all factors that legitimately have an effect upon the child’s physical, intellectual, moral, and spiritual well-being.” Id. (citing Saintz v. Rinker, 902 A.2d 509, 512 (Pa. Super. 2006)).

2022Section 5328(a) sets forth the best interest factors that the trial court must consider in awarding custody.9 See E.D. v. M.P., 33 A.3d 73 , 79-80 n.2 (Pa. Super. 2011).

2016See E.D. v. M.P., 33 A.3d 73, 80 (Pa. Super. 2011) (“[W]hen a party files a petition for modification of a custody order, the trial court must perform a ‘best interests of the child’ analysis considering all of the section 5328(a) factors.”).

2015See, e.g., Durning v. Balent/Kurdilla, 19 A.3d 1125, 1129 (Pa.Super.2011) (“When conducting a best-interests analysis, a court must give positive consideration to the parent who has been the primary caregiver.”) [citation omitted]; Klos v. Klos, 934 A.2d 724 , 729 on n. 4 (Pa.Super.2007) (same), Collins v. Collins, 897 A.2d 466, 473 (Pa.Super.2006) (same).

2013See, e.g., Durning v. Balent/Kurdilla, 19 A.3d 1125, 1129 (Pa.Super.2011) ("When conducting a best-interests analysis, a court must "give positive consideration to the parent who has been the primary caregiver.”); Klos v. Klos, 934 A.2d 724 , 729 n. 4 (Pa.Super.2007) (same), Collins v. Collins, 897 A.2d 466, 473 (Pa.Super.2006) (same).

2010Saintz v. Rinker, 902 A.2d 509, 512 (Pa.Super.2006), citing Arnold v. Arnold, 847 A.2d 674, 677 (Pa.Super.2004). ¶ 6 As we previously explained, “[t]here is no black letter formula that easily resolves relocation disputes; rather, custody disputes are delicate issues that must be handled on a case by case basis.” Baldwin v. Baldwin, 710 A.2d 610, 614 (Pa.Super.1998).

2010Saintz v. Rinker, 902 A.2d 509, 512 (Pa.Super.2006), citing Arnold v. Arnold, 847 A.2d 674, 677 (Pa.Super.2004). ¶ 6 As we previously explained, “[t]here is no black letter formula that easily resolves relocation disputes; rather, custody disputes are delicate issues that must be handled on a case by case basis.” Baldwin v. Baldwin, 710 A.2d 610, 614 (Pa.Super.1998).

2024The best-interests standard, decided on a case-by-case basis, considers all factors that legitimately affect the child’s physical, intellectual, moral, and spiritual well-being.” Id. (cleaned up).

2023“The best-interests standard, decided on a case-by-case basis, considers all factors that legitimately affect the child’s physical, intellectual, moral, and spiritual well-being.” B.S.G. v. D.M.C., 255 A.3d 528, 533 (Pa. Super. 2021). -7- J-A04045-23 Child custody actions are governed by the Child Custody Act (“Act”), 23 Pa.C.S. §§ 5321-5340.

2024When awarding any form of custody, the trial court must set forth its consideration of each of the Section 5328(a) custody factors on the record or in a written opinion or order. 23 Pa.C.S. §§ 5323(d), 5328(a); Graves, 265 A.3d at 694 , ____________________________________________ 6 Mother, who represented herself in the proceedings below, did not file a responsive brief. -6- J-A28031-23 700.

2023When awarding any form of custody, the trial court must set forth its consideration of each of the sixteen Section 5328(a) custody factors on the record or in a written opinion or order. 23 Pa.C.S. §§ 5323(d), 5328(a); Graves, 265 A.3d at 694, 700 ; S.W.D. v. S.A.R., 96 A.3d 396, 402-03 (Pa. Super. 2014); J.R.M. v. J.E.A., 33 A.3d 647, 652 (Pa. Super. 2011).

2026See V.B., 55 A.3d at 1200 - 11 - J-A07011-26 (concluding that “nothing in the record supports the trial court’s after-the-fact assertion that it considered the heightened standard of production when it issued the custody order”).

2020“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child's physical, intellectual, moral and spiritual well-being.” M.J.N. v. J.K., 169 A.3d 108, 112 (Pa. Super. 2017). - 10 - J-A02027-20 “The specific factors that a court must consider are listed in 23 Pa.C.S.A. § 5328(a)(1)-(16).5 Id. at 112. ____________________________________________ 5 The factors listed in 23 Pa. C.S. § 5328(a)(1)-(16) are as follows. (1) Which party is more likely to encourage and permit frequent and continuing contact between the child and ano

2023When awarding any form of custody, the trial court must set forth its consideration of each of the sixteen Section 5328(a) custody factors on the record or in a written opinion or order. 23 Pa.C.S. §§ 5323(d), 5328(a); Graves, 265 A.3d at 694, 700 ; S.W.D. v. S.A.R., 96 A.3d 396, 402-03 (Pa. Super. 2014); J.R.M. v. J.E.A., 33 A.3d 647, 652 (Pa. Super. 2011).

2019This Court “will accept the trial court’s conclusion unless it is tantamount to legal error or unreasonable in light of the factual findings.” M.G. v. L.D., 155 A.3d 1083, 1091 (Pa. Super. 2017) (citing S.W.D. v. S.A.R., 96 A.3d 396, 400 (Pa. Super. 2014)).

2025“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral and spiritual well-being.” Id. -7- J-A21021-25 (quoting M.J.N. v. J.K., 169 A.3d 108, 112 (Pa. Super. 2017)).

2025“The best-interests standard, decided on a case- by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral and spiritual well-being.” Id. (quoting M.J.N. v. J.K., 169 A.3d 108, 112 (Pa.Super. 2017)).

2015See, e.g., Durning v. Balent/Kurdilla, 19 A.3d 1125, 1129 (Pa. Super. 2011) (“When conducting a best-interests analysis, a court must give positive consideration to the parent who has been the primary caregiver.”) [citation omitted]; Klos v. Klos, 934 A.2d 724 , 729 -3- J-A33006-14 Relevant to the case at bar, at this juncture, due in large part to the child’s age, Mother’s ability to meet the child’s daily needs and the child’s need for stability and continuity weigh in favor of a gradual increase in custody.

2015See, e.g., Durning v. Balent/Kurdilla, 19 A.3d 1125, 1129 (Pa.Super.2011) (“When conducting a best-interests analysis, a court must give positive consideration to the parent who has been the primary caregiver.”) [citation omitted]; Klos v. Klos, 934 A.2d 724 , 729 on n. 4 (Pa.Super.2007) (same), Collins v. Collins, 897 A.2d 466, 473 (Pa.Super.2006) (same).

2025“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child’s physical, intellectual, moral[,] and spiritual well- being.” Taylor v. Smith, 302 A.3d 203, 207 (Pa. Super. 2023) (citation omitted).

2023See E.B. v. D.B., 209 A.3d 451, 460 (Pa.Super. 2019).

2022Father’s first issue asserts that the trial court erred in failing to supplement its consideration of the foregoing best-interests factors with a review of the ten relocation factors outlined in § 5337(h).1 Relying upon our ____________________________________________ 1 That section of the Custody Act provides as follows: -9- J-A15001-22 ____________________________________________ (h) Relocation factors.--In determining whether to grant a proposed relocation, the court shall consider the following factors, giving weighted consideration to those factors which affect the safety of the child: (1

2020“The best-interests standard, decided on a case-by-case basis, considers all factors which legitimately have an effect upon the child's physical, intellectual, moral and spiritual well-being.” M.J.N. v. J.K., 169 A.3d 108, 112 (Pa. Super. 2017). - 10 - J-A02027-20 “The specific factors that a court must consider are listed in 23 Pa.C.S.A. § 5328(a)(1)-(16).5 Id. at 112. ____________________________________________ 5 The factors listed in 23 Pa. C.S. § 5328(a)(1)-(16) are as follows. (1) Which party is more likely to encourage and permit frequent and continuing contact between the child and ano

2018See In re C.J.R., 782 A.2d at 569 (“[I]n a change of goal proceeding, the trial court must focus on the child and determine the goal in accordance with the child’s best interests and not those of his or her parents”).

2018When determining whether modification of a custody order “is in a child’s best interest, the court has an obligation to consider all relevant factors that could affect the child’s well-being.” Id. (quoting Ketterer v. Seifert, 902 A.2d 533, 539 (Pa. Super. 2006)).

2018R.L.P. v. R.F.M., 110 A.3d 201, 207-208 (Pa. Super. 2015) (citations omitted).