How Will the New Custody Factors Affect My Case?

Last summer, Kayden’s Law revamped the custody factors to emphasize those factors related to the safety of children.    There are currently 16 factors that a court considers when making custody decisions.  On August 28, 2025, a new change is taking effect, which reduces the number of custody factors from 16 to 12.  Let’s explore some of the differences between the old custody law and the new custody law.

1. Why the change?

The goal of this new law is to streamline the custody process by clarifying the custody factors.  Several of the old custody factors were repetitive and vague, leaving more room for interpretation and arguments.  This bill was widely supported by Pennsylvania lawmakers who all agreed that caretakers, lawyers, and judges should be focused on resolution in the best interest of the children, rather than on expensive and time-consuming litigation. 

2. What is the difference between this new law and the old law?

On a practical level, the new factors will not materially change the outcomes of most custody cases.  The current law requires the Court to consider 16 factors, which were recently edited to emphasize a child’s safety. 

The new child custody statute will only include 12 factors, but rather than deleting factors, the drafters simply consolidated factors that contain overlapping language and themes.  

The child abuse protections put into effect with Kayden’s Law are still present in this new law.

3. What do I have to do right now?

First, read the new factors.  If you have any questions about them or specific questions about your case, call your lawyer.

If you are happy with your current custody order, there is nothing you need to do right now.  If you have a custody order and would like to change it, contact your lawyer to discuss how these new factors will influence your custody modification outcome. 

If you are a caregiver and do not have a custody order, and would like to put one in place for your protection and for your child’s protection, give us a call.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.