Pennsylvania Statutes

§ 5328 — Factors to consider when awarding custody

Pennsylvania § 5328
JurisdictionPennsylvania
Title 23DOMESTIC RELATIONS
PartPART VI
Ch. 53CHILD CUSTODY

This text of Pennsylvania § 5328 (Factors to consider when awarding custody) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
23 Pa. Cons. Stat. § 5328 (2026).

Text

(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 part

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Legislative History

(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).

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Bluebook (online)
Pennsylvania § 5328, Counsel Stack Legal Research, https://law.counselstack.com/statute/pa/5328.