It is defined as the child’s best interest under Pennsylvania’s custody statute, which takes into consideration 16 factors affecting the child’s safety, ranging from which party is more likely to encourage, permit, and facilitate frequent, ongoing contact between the child and another party to the mental and physical condition of either or both parties or a member of either party’s household.
When determining any type of custody, the court must examine the child’s best interests, giving special weight to those issues that affect the child’s safety, such as the following: Pa. Cons. Stat. Ann. § 5328
- Which party is more likely to encourage and permit frequent and continuing contact between the child and another party.
- The present and past abuse committed by a party or member of the party’s household, whether there is a continued risk of harm to the child or an abused party and which party can better provide adequate physical safeguards and supervision of the child.
- The parental duties performed by each party on behalf of the child.
- The need for stability and continuity in the child’s education, family life and community life.
- The availability of extended family.
- The child’s sibling relationships.
- The well-reasoned preference of the child, based on the child’s maturity and judgment.
- The attempts of a parent to turn the child against the other parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm.
- Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child’s emotional needs.
- Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.
- The proximity of the residences of the parties.
- Each party’s availability to care for the child or ability to make appropriate child-care arrangements.
- The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party’s effort to protect a child from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.
- The history of drug or alcohol abuse of a party or member of a party’s household.
- The mental and physical condition of a party or member of a party’s household.
- Any other relevant factor.
Any award issued will not be given preference based on the gender of the person that is making the determination. In other words, mothers do not automatically possess an advantage in custody disputes.
Agreement for Continuing Contact
The court will approve the agreement if it finds that all parties entered into it knowingly and voluntarily. On top of that, the agreement must be signed under oath affirming that it was not the result of coercion, fraud, or duress
The arrangement is in the child’s best interests. The court may consider the following factors in making such determination: 23 Pa. C.S. § 2735
- The length of time that the child has been under actual care, custody and control of a person other than a birth parent and the circumstances relating thereto.
- The interaction and interrelationship of the child with birth relatives and other persons who routinely interact with the birth relatives and may significantly affect the child’s best interests.
- The adjustment to the child’s home, school and community.
- The willingness and ability of the birth relative to respect and appreciate the bond between the child and prospective adoptive parent.
- The willingness and ability of the prospective adoptive parent to respect and appreciate the bond between the child and the birth relative.
- Any evidence of abuse or neglect of the child.
Under Pa. C.S. § 5322 (a), a judge typically orders supervised visits when one parent is attempting to rebuild a relationship with the child or when the child may be in danger in the care of one parent. A judge may gradually phase out supervised visits in favor of traditional visitation until monitored visits are no longer necessary.