Four years ago, the laws that govern child custody matters in Pennsylvania were dramatically altered. In late 2010, the Pennsylvania Legislature passed HB 1639, which replaced the existing child custody statute with new language that was more comprehensive. This new law took effect in January 2011. Of all the changes implemented, the most significant remains Section 5328, which lists 16 specific factors that trial courts must consider when making any custody award.
The previous statutory language for child custody matters was lacking in several respects. The law itself was essentially a vague “best interest of the child” standard. As this was entirely subjective and not defined, trial courts were left with a very high degree of discretion and virtually no guidance from the legislature in terms of how to proceed. This meant major variations in custody decisions not only from one county to another, but even from judge to judge in the same courthouse.
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