Philadelphia Child Custody Lawyer

A Philadelphia child custody lawyer represents parents in Family Court, builds evidence around Pennsylvania’s best-interest factors under 23 Pa.C.S. § 5328(a), and negotiates or litigates legal and physical custody orders. The Law Offices of Michael Kuldiner, P.C. handles custody cases in Philadelphia, Bucks, and Montgomery Counties. Call (215) 942-2100 for a consultation.

Custody is decided county by county, and local procedure matters almost as much as the statute. Our attorneys appear regularly in the family courts of Philadelphia, Bucks, and Montgomery Counties, so we can tell you what to expect at each stage, from the first filing to a full trial before a judge.

Legal Custody vs. Physical Custody in Pennsylvania

Pennsylvania’s Child Custody Act, 23 Pa.C.S. §§ 5321-5340, separates custody into two parts, defined at § 5322:

  • Legal custody is the right to make major decisions for your child, including education, medical care, and religious upbringing. Courts may award shared legal custody to both parents or sole legal custody to one.
  • Physical custody is the actual physical possession and control of the child, meaning where the child lives day to day.

Under § 5323(a), a court can award shared, primary, partial, sole, or supervised physical custody. Most Pennsylvania orders combine shared legal custody with a physical custody schedule tailored to the family. The judge must explain the reasons for the award on the record or in a written opinion (§ 5323(d)).

How Judges Decide: The Best-Interest Factors Under § 5328(a)

Every Pennsylvania custody order must serve the best interest of the child. Section 5328(a) lists the factors the court weighs, and the list has changed twice recently. Act 8 of 2024, known as Kayden’s Law, put child safety at the front of the analysis. Act 11 of 2025, effective August 29, 2025, then consolidated the former 16 factors into a shorter, streamlined list.

Courts must now give substantial weighted consideration to the safety factors: which party is more likely to ensure the safety of the child, past or present abuse by a party or household member, child-abuse and protective-services information under § 5329.1, and violent or assaultive behavior by a party.

The remaining factors include:

  • The level of cooperation and conflict between the parties, including any attempt to turn the child against the other parent
  • Each party’s willingness and ability to prioritize the child’s needs and provide stability
  • Continuity in the child’s education, family life, and community life
  • Sibling and other family relationships
  • The child’s well-reasoned preference, based on maturity and judgment
  • How close the parents live to each other
  • Each party’s work schedule and availability
  • Any history of drug or alcohol abuse in either household
  • The mental and physical condition of each party and household member
  • Any other relevant factor

No parent gets a preference based on gender (§ 5328(b)). Mothers and fathers start on equal footing, and the case is won with evidence mapped to these factors. That is the core of what a custody lawyer does: gather school, medical, and communication records, prepare witnesses, and present your parenting in the framework the judge is required to apply.

The Custody Process in Philadelphia, Bucks, and Montgomery Counties

A custody case starts with a complaint filed in the child’s home county, generally where the child has lived for the past six months. From there, each county funnels cases through its own program:

  • Philadelphia County: Cases in the Family Division typically begin before a custody hearing officer, who attempts an agreement and can recommend an interim order. Contested cases move to a judge for trial.
  • Bucks County: Doylestown cases begin with a conference before a custody master, and the court often orders a custody evaluation through its Court Conciliation and Evaluation Service before a contested hearing.
  • Montgomery County: Norristown requires custody mediation and a conciliation conference with a court-appointed conciliator before unresolved disputes reach a judge.

Many cases settle at the conference stage with a stipulated parenting plan. When they do not, preparation for trial under the § 5328(a) factors becomes decisive. If your child faces immediate risk of harm, the court can act much faster: see our page on emergency custody orders for how expedited petitions work.

Relocation Cases Under § 5337

A parent who wants to move in a way that would significantly impair the other party’s custodial rights must follow the relocation statute, 23 Pa.C.S. § 5337. Notice must be sent by certified mail, return receipt requested, at least 60 days before the proposed move. The other parent can object by filing a counter-affidavit, which requires the court to hold an expedited hearing before the relocation occurs.

The court weighs its own set of relocation factors, including the child’s relationship with each parent, the likely impact on the child’s development, the feasibility of preserving the relationship with the non-relocating parent, and each party’s motives. Moving without proper notice can result in an order returning the child, an award of counsel fees, and contempt sanctions.

Modifying and Enforcing Custody Orders

Custody orders are never final in the way a money judgment is. Under 23 Pa.C.S. § 5338, either party may petition to modify an order at any time, and the court applies the same best-interest analysis to the change. New work schedules, school issues, a parent’s move, or safety concerns are common reasons to modify. When a parent ignores the schedule, the court can enforce the order through contempt, which carries fines and other sanctions.

Custody schedules also interact with child support, since the number of overnights affects the support calculation under Pa.R.C.P. 1910.16-4. Our child support lawyers handle both sides of that equation, and our overview of custody and visitation explains how the schedule types work in practice.

Grandparents and Third Parties

Pennsylvania gives standing to certain non-parents. Under 23 Pa.C.S. §§ 5324-5325, grandparents, great-grandparents, and people who stand in loco parentis to a child can seek custody or partial custody in defined situations, such as the death of a parent or when the child has lived with the grandparent. These cases have their own standing rules and proof requirements, which we cover on our grandparent custody rights page.

Custody Attorneys at Kuldiner Law

Founding attorney Michael Kuldiner has in-depth knowledge of family law matters such as divorce, support, and custody, and attorney Michael Petro focuses his practice on representing parties in divorce and custody litigation. Attorney Loretta Golding brings more than ten years of experience in complex civil litigation and family law. Because custody so often runs alongside a divorce, the same team can manage both matters together: see our divorce lawyer page for how the cases interact.

We meet clients at four offices: Philadelphia (1500 JFK Blvd, 2 Penn Center, Ste 620B), Feasterville (922 Bustleton Pike), Doylestown (40 E Court Street, a short walk from the Bucks County Justice Center), and Norristown (516 DeKalb Street, near the Montgomery County courthouse). Call (215) 942-2100 or contact us online to schedule a consultation.

Frequently Asked Questions

What is the difference between legal and physical custody in Pennsylvania?

Legal custody is the right to make major decisions about education, medical care, and religion. Physical custody is where the child actually lives. Under 23 Pa.C.S. § 5323, courts can award each type as shared or sole, and physical custody can also be primary, partial, or supervised.

How does a judge decide custody in Philadelphia?

The judge applies the best-interest factors in 23 Pa.C.S. § 5328(a), giving substantial weighted consideration to child safety, including any history of abuse or violent behavior. Other factors include stability, cooperation between parents, the child’s preference, work schedules, and household health and substance-abuse history.

Do mothers automatically get custody in Pennsylvania?

No. Section 5328(b) states that no party may receive preference based on gender. Fathers and mothers start on equal footing, and the outcome turns on the evidence each parent presents under the best-interest factors.

At what age can a child choose which parent to live with?

There is no set age in Pennsylvania. The court considers the child’s well-reasoned preference as one factor, weighing it by the child’s maturity and judgment. A thoughtful teenager’s preference usually carries more weight than a young child’s, but it never controls by itself.

Can I move away with my child?

Only after complying with 23 Pa.C.S. § 5337 if the move would significantly impair the other parent’s custody time. You must give 60 days’ notice by certified mail, and if the other parent objects, the court holds an expedited hearing before you can relocate.

How do I change an existing custody order?

File a petition to modify under 23 Pa.C.S. § 5338. Either parent may petition at any time, and the court decides the request under the same best-interest standard used for the original order.

Can grandparents get custody in Pennsylvania?

Yes, in defined situations. Sections 5324 and 5325 give grandparents and great-grandparents standing to seek custody or partial custody, for example after a parent’s death or when the child lived with the grandparent for at least 12 months.

What if my child is in immediate danger?

You can seek an emergency custody order. Each county has an expedited procedure for petitions alleging immediate risk of harm, and courts can enter temporary orders quickly, sometimes the same day, pending a full hearing.

Attorney advertising. This page provides general information about Pennsylvania law and is not legal advice. Every situation is different. Consult a licensed Pennsylvania attorney about your specific circumstances.