§ 5328. Factors to consider when awarding custody.
(a) Factors.--In ordering any form of custody, the court shall determine the best interest of the
child by considering all relevant factors, giving substantial weighted consideration
to the factors specified under paragraphs (1), (2), (2.1) and (2.2) which affect the
safety of the child, including the following:
(1) Which party is more likely to ensure the safety of the child.
(2) 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.
(2.1) The information set forth in section 5329.1(a) (relating to consideration of child
abuse and involvement with protective services).
(2.2) Violent or assaultive behavior committed by a party.
(2.3) The level of cooperation and conflict between the parties, including:
(i) 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
(ii) 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 party's good faith and reasonable effort to protect the safety of a child
or self shall not be considered evidence of unwillingness or inability to cooperate
with the other party. A party's reasonable concerns for the safety of the child and
the party's reasonable efforts to protect the child shall not be considered attempts
to turn the child against the other party. A child's deficient or negative relationship
with a party shall not be presumed to be caused by the other party.
(3) 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.
(4) 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.
(5) (Deleted by amendment).
(6) The child's sibling and other familial relationships.
(7) The well-reasoned preference of the child, based on the child's developmental stage,
maturity and judgment.
(8) (Deleted by amendment).
(9) (Deleted by amendment).
(10) (Deleted by amendment).
(11) The proximity of the residences of the parties.
(12) Each party's employment schedule and availability to care for the child or ability
to make appropriate child-care arrangements.
(13) (Deleted by amendment).
(14) The history of drug or alcohol abuse of a party or member of a party's household.
(15) The mental and physical condition of a party or member of a party's household.
(16) Any other relevant factor.
(a.1) Exception.--A factor under subsection (a) shall not be adversely weighed against a party if the
circumstances related to the factor were in response to abuse or necessary to protect
the child or the abused party from harm and the party alleging abuse does not pose
a risk to the safety of the child at the time of the custody hearing. Temporary housing
instability as a result of abuse shall not be considered against the party alleging
abuse.
(a.2) Determination.--No single factor under subsection (a) shall by itself be determinative in the awarding
of custody. The court shall examine the totality of the circumstances, giving weighted
consideration to the factors that affect the safety of the child, when issuing a custody
order that is in the best interest of the child.
(b) Gender neutral.--In making a determination under subsection (a), no party shall receive preference
based upon gender in any award granted under this chapter.
(c) Grandparents and great-grandparents.--
(1) In ordering partial physical custody or supervised physical custody to a party who
has standing under section 5325(1) or (2) (relating to standing for partial physical
custody and supervised physical custody), the court shall consider the following:
(i) the amount of personal contact between the child and the party prior to the filing
of the action;
(ii) whether the award interferes with any parent-child relationship; and
(iii) whether the award is in the best interest of the child.
(2) In ordering partial physical custody or supervised physical custody to a parent's
parent or grandparent who has standing under section 5325(3), the court shall consider
whether the award:
(i) interferes with any parent-child relationship; and
(ii) is in the best interest of the child.
(d) List of custody factors.--Within 30 days of the receipt of a custody complaint, petition for the modification
of custody or petition to intervene in matters relating to custody, the court shall
provide all parties named in the complaint or petition with a copy of this section.
(Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014; Apr. 15, 2024, P.L.24, No.8,
eff. 120 days; June 30, 2025, P.L.18, No.11, eff. 60 days)
2025 Amendment. Act 11 amended subsec. (a) and added subsec. (d).
2024 Amendment. Act 8 amended subsec. (a) and added subsecs. (a.1) and (a.2). See section 1 of Act 8 in the appendix to this title for special provisions relating
to findings and declarations.
2013 Amendment. See section 6 of Act 107 in the appendix to this title for special provisions relating
to applicability.
Cross References. Section 5328 is referred to in sections 5323, 6340 of this title; sections 1908, 6307
of Title 42 (Judiciary and Judicial Procedure).
Notes of Decisions
M.G. v. L.D., Appeal of: C.B.D., 155 A.3d 1083 (Pa. Super. Ct. 2017).
· cites it 9× “]” See 23 Pa.C.S. § 5328(a). While the trial court denied Grandfather’s petition to intervene pursuant to § 5324 relating to physical and legal custody, it granted Grandfather’s petition insofar as he sought to exercise partial physical custody under § 5325.”
E.B. v. D.B., 209 A.3d 451 (Pa. Super. Ct. 2019).
· cites it 6× “In the Final Order, the trial court analyzed the sixteen custody factors set forth at 23 Pa.C.S. § 5328(a), and concluded that it was in Child's best interest for Mother and Father to share custody equally.”
C.B. v. J.B., 65 A.3d 946 (Pa. Super. Ct. 2013).
· cites it 6× “Whether the trial court abused its discretion and committed reversible error in failing to consider all factors set forth in 23 Pa.C.S. § 5328 before entering the October 24, 2011, Custody Order? 2.”
W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. Ct. 2015).
· cites it 12× “Following the hearing and review of the custody evaluation report, the trial court considered the mandatory statutory factors pursuant to 23 Pa.C.S. § 5328. See M.J.M. v. M.L.G., 63 A.”
M.E.V. v. F.P.W., 100 A.3d 670 (Pa. Super. Ct. 2014).
· cites it 10× “23 Pa.C.S. § 5328(a). Notably, this Court has held that it is not sufficient that the trial court merely state its reasoning on the record in open court or conclusorily assert that it has considered the enumerated factors in reaching its disposition.”
C.A.J. v. D.S.M., 136 A.3d 504 (Pa. Super. Ct. 2016).
· cites it 4× “Did the trial court abuse its discretion in applying the custody factors found in 23 Pa.C.S. § 5328 and in determining the best interests of the child? Mother’s Brief at 6 (unnecessary capitalization omitted).”
B.S.G. v. D.M.C., 255 A.3d 528, 2021 PA Super 110 (Pa. Super. Ct. 2021).
· cites it 4× “107, § 1 (amending 23 Pa.C.S. § 5328)) for the proposition that, in shared legal custody, a court may not give one parent power to override parental disagreements without undoing the shared custody construct.”
C.L. v. M.P., 255 A.3d 514, 2021 PA Super 107 (Pa. Super. Ct. 2021).
· cites it 4× “See 23 Pa.C.S. §§ 5328, 5338. Section 5328(a) sets forth sixteen best interest factors that the trial court must consider in making a custody determination.”
S.J.S. v. M.J.S., 76 A.3d 541 (Pa. Super. Ct. 2013).
· cites it 3× “§ 5337(h) and factor one of 23 Pa. C.S. § 5328(a) are neutral as to their application to either Mother or Father, where there is a clear pattern established that Mother acted to promote the relationship between Father and the children since the parties’ separation, and where…”
Smith, B. v. Smith, D., 281 A.3d 304, 2022 PA Super 135 (Pa. Super. Ct. 2022).
· cites it 6× “Whether the trial court erred in entering its order, dated September 16, 2021, when it failed to address all sixteen (16) custody factors pursuant to 23 Pa.C.S. § 5328? Appellant’s Brief, at 4 (footnote 4 in original text, footnote 5 added).”
E.R. v. J.N.B., 129 A.3d 521 (Pa. Super. Ct. 2015).
· cites it 3× “The factors to be considered by a court when awarding custody are set forth at 23 Pa.C.S. § 5328(a). (а) Factors, — In ordering any form of custody, the court shall determine .”
R.L. v. M.A., 209 A.3d 391 (Pa. Super. Ct. 2019).
· cites it 2× “On the same day, the trial court issued a Memorandum of Factors, which reviewed and made findings regarding the 23 Pa.C.S. § 5328 Custody Factors. This timely appeal followed.”
23 Pa. Cons. Stat. § 5328(1): 1 case
23 Pa. Cons. Stat. § 5328(10): 2 cases
23 Pa. Cons. Stat. § 5328(2): 1 case
S.P. v. C.G., No. 753 WDA 2022 (Pa. Super. Ct. Feb. 28, 2023).
23 Pa. Cons. Stat. § 5328(8): 1 case
23 Pa. Cons. Stat. § 5328(A): 1 case
23 Pa. Cons. Stat. § 5328(a): 431 cases
E.B. v. D.B., 209 A.3d 451 (Pa. Super. Ct. 2019).
“In the Final Order, the trial court analyzed the sixteen custody factors set forth at 23 Pa.C.S. § 5328(a), and concluded that it was in Child's best interest for Mother and Father to share custody equally.”
M.G. v. L.D., Appeal of: C.B.D., 155 A.3d 1083 (Pa. Super. Ct. 2017).
“]” See 23 Pa.C.S. § 5328(a). While the trial court denied Grandfather’s petition to intervene pursuant to § 5324 relating to physical and legal custody, it granted Grandfather’s petition insofar as he sought to exercise partial physical custody under § 5325.”
C.B. v. J.B., 65 A.3d 946 (Pa. Super. Ct. 2013).
“Whether the trial court abused its discretion and committed reversible error in failing to consider all factors set forth in 23 Pa.C.S. § 5328 before entering the October 24, 2011, Custody Order? 2.”
B.S.G. v. D.M.C., 255 A.3d 528, 2021 PA Super 110 (Pa. Super. Ct. 2021).
“107, § 1 (amending 23 Pa.C.S. § 5328)) for the proposition that, in shared legal custody, a court may not give one parent power to override parental disagreements without undoing the shared custody construct.”
S.J.S. v. M.J.S., 76 A.3d 541 (Pa. Super. Ct. 2013).
“§ 5337(h) and factor one of 23 Pa. C.S. § 5328(a) are neutral as to their application to either Mother or Father, where there is a clear pattern established that Mother acted to promote the relationship between Father and the children since the parties’ separation, and where…”
23 Pa. Cons. Stat. § 5328(a)(1): 69 cases
M.G. v. L.D., Appeal of: C.B.D., 155 A.3d 1083 (Pa. Super. Ct. 2017).
“]” See 23 Pa.C.S. § 5328(a). While the trial court denied Grandfather’s petition to intervene pursuant to § 5324 relating to physical and legal custody, it granted Grandfather’s petition insofar as he sought to exercise partial physical custody under § 5325.”
W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. Ct. 2015).
“Following the hearing and review of the custody evaluation report, the trial court considered the mandatory statutory factors pursuant to 23 Pa.C.S. § 5328. See M.J.M. v. M.L.G., 63 A.”
K.D. v. E.D., 267 A.3d 1215, 2022 PA Super 224 (Pa. Super. Ct. 2021).
L.V. v. A.D., No. 646 EDA 2020 (Pa. Super. Ct. May 12, 2021).
23 Pa. Cons. Stat. § 5328(a)(10): 14 cases
M.E.V. v. F.P.W., 100 A.3d 670 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 5328(a). Notably, this Court has held that it is not sufficient that the trial court merely state its reasoning on the record in open court or conclusorily assert that it has considered the enumerated factors in reaching its disposition.”
A v. v. A.M., No. 217 MDA 2016 (Pa. Super. Ct. July 20, 2016).
23 Pa. Cons. Stat. § 5328(a)(11): 2 cases
23 Pa. Cons. Stat. § 5328(a)(12): 9 cases
W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. Ct. 2015).
“Following the hearing and review of the custody evaluation report, the trial court considered the mandatory statutory factors pursuant to 23 Pa.C.S. § 5328. See M.J.M. v. M.L.G., 63 A.”
23 Pa. Cons. Stat. § 5328(a)(13): 14 cases
M.E.V. v. F.P.W., 100 A.3d 670 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 5328(a). Notably, this Court has held that it is not sufficient that the trial court merely state its reasoning on the record in open court or conclusorily assert that it has considered the enumerated factors in reaching its disposition.”
23 Pa. Cons. Stat. § 5328(a)(14): 8 cases
23 Pa. Cons. Stat. § 5328(a)(15): 8 cases
C.L. v. M.P., 255 A.3d 514, 2021 PA Super 107 (Pa. Super. Ct. 2021).
“See 23 Pa.C.S. §§ 5328, 5338. Section 5328(a) sets forth sixteen best interest factors that the trial court must consider in making a custody determination.”
23 Pa. Cons. Stat. § 5328(a)(16): 10 cases
23 Pa. Cons. Stat. § 5328(a)(2): 18 cases
W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. Ct. 2015).
“Following the hearing and review of the custody evaluation report, the trial court considered the mandatory statutory factors pursuant to 23 Pa.C.S. § 5328. See M.J.M. v. M.L.G., 63 A.”
J.C. v. K.W., No. 1347 WDA 2016 (Pa. Super. Ct. Mar. 27, 2017).
23 Pa. Cons. Stat. § 5328(a)(3): 19 cases
W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. Ct. 2015).
“Following the hearing and review of the custody evaluation report, the trial court considered the mandatory statutory factors pursuant to 23 Pa.C.S. § 5328. See M.J.M. v. M.L.G., 63 A.”
M.E.V. v. F.P.W., 100 A.3d 670 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 5328(a). Notably, this Court has held that it is not sufficient that the trial court merely state its reasoning on the record in open court or conclusorily assert that it has considered the enumerated factors in reaching its disposition.”
23 Pa. Cons. Stat. § 5328(a)(4): 24 cases
M.E.V. v. F.P.W., 100 A.3d 670 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 5328(a). Notably, this Court has held that it is not sufficient that the trial court merely state its reasoning on the record in open court or conclusorily assert that it has considered the enumerated factors in reaching its disposition.”
23 Pa. Cons. Stat. § 5328(a)(5): 10 cases
W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. Ct. 2015).
“Following the hearing and review of the custody evaluation report, the trial court considered the mandatory statutory factors pursuant to 23 Pa.C.S. § 5328. See M.J.M. v. M.L.G., 63 A.”
23 Pa. Cons. Stat. § 5328(a)(6): 10 cases
M.E.V. v. F.P.W., 100 A.3d 670 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 5328(a). Notably, this Court has held that it is not sufficient that the trial court merely state its reasoning on the record in open court or conclusorily assert that it has considered the enumerated factors in reaching its disposition.”
23 Pa. Cons. Stat. § 5328(a)(7): 20 cases
E.B. v. D.B., 209 A.3d 451 (Pa. Super. Ct. 2019).
“In the Final Order, the trial court analyzed the sixteen custody factors set forth at 23 Pa.C.S. § 5328(a), and concluded that it was in Child's best interest for Mother and Father to share custody equally.”
M.E.V. v. F.P.W., 100 A.3d 670 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 5328(a). Notably, this Court has held that it is not sufficient that the trial court merely state its reasoning on the record in open court or conclusorily assert that it has considered the enumerated factors in reaching its disposition.”
23 Pa. Cons. Stat. § 5328(a)(8): 8 cases
W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. Ct. 2015).
“Following the hearing and review of the custody evaluation report, the trial court considered the mandatory statutory factors pursuant to 23 Pa.C.S. § 5328. See M.J.M. v. M.L.G., 63 A.”
A v. v. A.M., No. 217 MDA 2016 (Pa. Super. Ct. July 20, 2016).
23 Pa. Cons. Stat. § 5328(a)(9): 15 cases
M.E.V. v. F.P.W., 100 A.3d 670 (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 5328(a). Notably, this Court has held that it is not sufficient that the trial court merely state its reasoning on the record in open court or conclusorily assert that it has considered the enumerated factors in reaching its disposition.”
A v. v. A.M., No. 217 MDA 2016 (Pa. Super. Ct. July 20, 2016).
L.F. v. B.B., No. 1195 MDA 2018 (Pa. Super. Ct. Feb. 14, 2019).
23 Pa. Cons. Stat. § 5328(a)(l): 3 cases
23 Pa. Cons. Stat. § 5328(a)(l4): 1 case
23 Pa. Cons. Stat. § 5328(a)(l6): 1 case
23 Pa. Cons. Stat. § 5328(b): 1 case
23 Pa. Cons. Stat. § 5328(c): 9 cases
L.V. v. A.D., No. 646 EDA 2020 (Pa. Super. Ct. May 12, 2021).
23 Pa. Cons. Stat. § 5328(c)(1): 15 cases
M.G. v. L.D., Appeal of: C.B.D., 155 A.3d 1083 (Pa. Super. Ct. 2017).
“]” See 23 Pa.C.S. § 5328(a). While the trial court denied Grandfather’s petition to intervene pursuant to § 5324 relating to physical and legal custody, it granted Grandfather’s petition insofar as he sought to exercise partial physical custody under § 5325.”
23 Pa. Cons. Stat. § 5328(c)(1)(i): 7 cases
C.B. v. F.W., No. 1268 MDA 2015 (Pa. Super. Ct. Feb. 23, 2016).
23 Pa. Cons. Stat. § 5328(h): 1 case
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