Domestic Violence and Pennsylvania Family Court

Best-Interest Custody Factors

The court determines custody based on the child’s best interests, considering factors such as:

• The child's safety, health, and welfare
• The child's relationship with each parent
• Each parent's ability to provide care and emotional support
• The child's adjustment to home, school, and community
• The presence of any history of domestic violence or abuse
• Each parent's willingness to encourage a healthy relationship with the other parent

How to Raise Domestic Violence Concerns

If you have concerns about domestic violence affecting custody, it's important to clearly communicate these to the court. You can:

• Submit detailed affidavits or declarations describing incidents and their impact
• Provide copies of police reports or protective orders
• Request a guardian ad litem or court-appointed advocate to represent the child's safety interests
• Work with an attorney or advocate experienced in domestic violence to ensure concerns are presented appropriately

Evidence the Court May Review

The court considers various evidence types, including but not limited to:

• Police and medical reports related to domestic violence
• Protective or restraining orders
• Witness statements from family, friends, or professionals
• Text messages, emails, or other communications demonstrating abusive behavior
• Professional evaluations such as psychological assessments or custody reports

Interaction with Protection From Abuse (PFA) Orders

PFA orders can influence custody and visitation decisions. The court will:

• Typically consider the existence and terms of a PFA order as evidence of safety concerns
• Seek to align custody arrangements with the protective intent of the PFA
• Ensure compliance with PFA restrictions during custody and visitation exchanges
• Potentially modify custody provisions to prevent further harm or abuse

For comprehensive guidance and support navigating custody and domestic violence issues, visit dv.support.