If you only remember one point about child custody and parenting time in Pennsylvania, remember this: Pennsylvania uses Legal custody and physical custody; partial physical custody / parenting time schedules implement sharing.. Courts apply best-interests factors under § 5328, including parental duties, sibling relationships, availability, and any history of abuse. Shared legal custody is common; physical custody may be shared or primary based on best interests. Procedure, examples, and the opinions below hang off 23 Pa. Cons. Stat. §§ 5321 to 5340. Relocation: A parent seeking to relocate must follow § 5337 notice and hearing procedures; the court applies statutory relocation factors. Modification: A substantial change of circumstances is generally required to modify a custody order.
Relocation with a child
A parent seeking to relocate must follow § 5337 notice and hearing procedures; the court applies statutory relocation factors.
Walking through Pennsylvania facts
Use this walkthrough to see which Pennsylvania authority does the work at each step.
Two parents in Pennsylvania disagree about where the child lives during the school week, and one wants to move.
- Use the labels Pennsylvania actually uses: Legal custody and physical custody; partial physical custody / parenting time schedules implement sharing..
- Apply the best-interests factors: Courts apply best-interests factors under § 5328, including parental duties, sibling relationships, availability, and any history of abuse.
- Check any parenting presumption: Shared legal custody is common; physical custody may be shared or primary based on best interests.
- If a move is proposed: A parent seeking to relocate must follow § 5337 notice and hearing procedures; the court applies statutory relocation factors. Later changes follow: A substantial change of circumstances is generally required to modify a custody order.
Custody complaints proceed in the Court of Common Pleas. Conciliation and mediation are common. Final orders allocate legal and physical custody and a parenting schedule under chapter 53.
Modifying a Pennsylvania custody order
A substantial change of circumstances is generally required to modify a custody order.
How custody cases typically move in Pennsylvania
Custody complaints proceed in the Court of Common Pleas. Conciliation and mediation are common. Final orders allocate legal and physical custody and a parenting schedule under chapter 53.
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Case law: custody and parenting time in Pennsylvania
S.W.D. v. S.A.R.
S.W.D. v. S.A.R., 2014 Pa. Super. 146 (2014)
OPINION BY STABILE, J.: In this child custody case, S.W.D. (Father) appeals an order that denied his petition for special relief. Father had requested the trial court to order his and S.A.R.’s (Mother) son, B.A.D. (Child), to be enrolled in the school of Father’s choice and to ratify an informal change to the physical custody schedule. Regarding Child’s sc…
S.W.D. v. S.A.R. is worth reading on Pennsylvania child custody because the court put the point in its own words: "OPINION BY STABILE, J.: In this child custody case, S.W.D. (Father) appeals an order that denied his petition for special relief. Father had requested the trial court to order his and S.A.R.’s (Mother) son, B.A.D." Use that passage as the starting point, then read the facts that precede it.
In the Interest of Ronald James COAST and Melissa Jane Coast, Mino — Tamilia, J., concurring in part and dissenting
…9 A.2d 276 (1953) (parents lose all right to possession and custody after termination proceedings). I respectfully dissent to the majority’s analysis of section 2511 of the termination section as it relates to the concept of best interest, as being misleading and incorporating tangential concepts not intended by the Adoption Code. The majority states at page 7 that best interes…
Practitioners open In the Interest of Ronald James COAST and Melissa Jane Coast, Mino — Tamilia, J., concurring in part and dissenting when Pennsylvania child custody turns on the distinction in this sentence: "A.2d 276 (1953) (parents lose all right to possession and custody after termination proceedings)." Do not lift it out of the facts the court was deciding.
John CLAPPER, Appellee, v. Sharon Gordon HARVEY, Appellant
John CLAPPER, Appellee, v. Sharon Gordon HARVEY, Appellant, 1998 Pa. Super. LEXIS 1587 (1998)
…a County which denied Mother’s petition for modification of custody. Herein, Mother raises one question for our review: Whether the lower court erred by failing to apply the proper standards in deciding custody by a non-custodial parent seeking relocation. Upon review we vacate and remand. Mother and Father began living together in Pennsylvania in 1988, but never married. A son…
John CLAPPER, Appellee, v. Sharon Gordon HARVEY, Appellant is worth reading on Pennsylvania child custody because the court put the point in its own words: "County which denied Mother’s petition for modification of custody. Herein, Mother raises one question for our review: Whether the lower court erred by failing to apply the proper standards in deciding custody by a non-custodial parent seeking relocation." Use that passage as the starting point, then read the facts that precede it.
In the Matter of the Petition of Jessica Claire SCHIDLMEIER, a Minor, by Paul M. KOSLOF, Her Father, for Change of
…rce action filed by Paul was then pending, Paul had partial custody of Jessica, and Paul was regularly making payments for support of Dona and Jessica pursuant to court order. Appellant raises four arguments on this appeal: (1) that the noncustodial parent of a minor child does not have standing to petition to change the child’s name, (2) that the custodial parént has the right…
Pennsylvania opinions such as In the Matter of the Petition of Jessica Claire SCHIDLMEIER, a Minor, by Paul M. KOSLOF, Her Father, for Change of are cited where child custody is disputed. The court stated: "Paul was then pending, Paul had partial custody of Jessica, and Paul was regularly making payments for support of Dona and Jessica pursuant to court order." That is the language to brief; the rest of the decision supplies the procedural posture.
In Re ADOPTION OF Melanie Lynn HESS and Matthew James Hess. Appeal of Carol HESS and David Hess
…ining preliminary objections and dismissing a complaint for custody and a petition to intervene in and stay adoption proceedings. At issue on this appeal are the rights of proposed adoptees when someone other than the proposed adoptive parents brings to the court’s attention before the adoption is decreed that the best interests of the proposed adoptees may not lie in adoption…
In Re ADOPTION OF Melanie Lynn HESS and Matthew James Hess. Appeal of Carol HESS and David Hess is worth reading on Pennsylvania child custody because the court put the point in its own words: "ining preliminary objections and dismissing a complaint for custody and a petition to intervene in and stay adoption proceedings. At issue on this appeal are the rights of proposed adoptees when someone other than the proposed adoptive parents brings to the court’s attention befo" Use that passage as the starting point, then read the facts that precede it.
Patricia FISHER, Appellee, v. Alfred FISHER, Appellant
Patricia FISHER, Appellee, v. Alfred FISHER, Appellant, 370 Pa. Super. 87 (1988)
…h parent parties to share equally in the legal and physical custody of *89their son, Justin. He alleges that the hearing judge abused his discretion by (1) reasoning that since neither parent met the burden of proving superiority, case law requires both parents to share equally in the legal and physical custody of their child; (2) failing to consider certain criteria in support…
Pennsylvania opinions such as Patricia FISHER, Appellee, v. Alfred FISHER, Appellant are cited where child custody is disputed. The court stated: "h parent parties to share equally in the legal and physical custody of *89their son, Justin. He alleges that the hearing judge abused his discretion by (1) reasoning that since neither parent met the burden of proving superiority, case law requires both parents to share equally i" That is the language to brief; the rest of the decision supplies the procedural posture.
T.W. v. D.A., Appellee T.W. v. D.A.
T.W. v. D.A., Appellee T.W. v. D.A., 2015 Pa. Super. 233 (2015)
…ld is three years old. The parties share legal and physical custody.2 After our review, we affirm the. trial court’s order docketed at 337 WDA 2015, and we quash the appeal docketed at 336 WDA 2015. Father raises the following issues for our review: 1. Whether the trial court erred in entering an order dismissing Father’s petition to change the name of a minor child, which orde…
Practitioners open T.W. v. D.A., Appellee T.W. v. D.A. when Pennsylvania child custody turns on the distinction in this sentence: "The parties share legal and physical custody.2 After our review, we affirm the. trial court’s order docketed at 337 WDA 2015, and we quash the appeal docketed at 336 WDA 2015. Father raises the following issues for our review: 1." Do not lift it out of the facts the court was deciding.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under § 5328, including parental duties, sibling relationships, availability, and any history of abuse.
- Labels used in Pennsylvania: Legal custody and physical custody; partial physical custody / parenting time schedules implement sharing..
- Parenting-time posture: Shared legal custody is common; physical custody may be shared or primary based on best interests.
- Relocation: A parent seeking to relocate must follow § 5337 notice and hearing procedures; the court applies statutory relocation factors.
- Modification: A substantial change of circumstances is generally required to modify a custody order.
- Primary authority: 23 Pa. Cons. Stat. §§ 5321 to 5340.
Best-interests factors in Pennsylvania
Courts apply best-interests factors under § 5328, including parental duties, sibling relationships, availability, and any history of abuse.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; partial physical custody / parenting time schedules implement sharing.
Shared legal custody is common; physical custody may be shared or primary based on best interests.
Frequently asked questions
What does Pennsylvania call “custody”?
Legal custody and physical custody; partial physical custody / parenting time schedules implement sharing.
Can I move out of state with my child?
A parent seeking to relocate must follow § 5337 notice and hearing procedures; the court applies statutory relocation factors.
How do I change an existing custody order in Pennsylvania?
A substantial change of circumstances is generally required to modify a custody order.
This guide covers Pennsylvania custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.