On August 13, 2024, a new custody statute was put into effect for the State of Pennsylvania in accordance with "Kayden's Law." While custody is still determined by considering what is in the best interests of the child, the new statute delineates factors to be considered by the court in making that determination. Those factors include:

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Custody Trial Factors (Kayden’s Law): substantial weight is to be given to the factors 1, 2, 2.1 and 2.2.

(a) Exception. A factor under subsection a shall not be adversely weighted against the party of the circumstances related to the fact or were in response to abuse or necessary to protect the child or the abuse 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.

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(b) Determination. No single factor under subsection a shall by itself be determinative in awarding of custody. The court should examine the totality of the circumstances giving a 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.
 

(1) Which party is more likely to ensure the safety of the child.

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(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.

 

(a) 2.1. The information set forth in section 5329.1 relating to consideration of child abuse and involvement with Protective Services

 

(b) 2.2 Violent or assaultive behavior committed by a party.

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(c) 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 the 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 parties 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 parent 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, emotional 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) The child sibling and other familial relationships.
 

(6) The well reasoned preference of the child, based on the child's developmental stage, maturity and judgment.

(7) Proximity of the Residences:
 

(8) Each party's employment schedule and availability to care for the child or ability to make appropriate childcare arrangements.
 

(9) The history of drug or alcohol abuse of a party or a member of a party's household:
 

(10) The mental and physical condition of a party or a member of a party's household:
 

(11) Anything else relevant: