On July 1, 2025, Governor Shapiro signed House Bill 378, simplifying the list of factors which a judge must consider in child custody litigation. This important legislation, effective within sixty days, should streamline custody hearings. It was supported by both the Pennsylvania Bar Association and the Family Law Section of the Pennsylvania Conference of State Trial Judges. Since parties in custody litigation often lack attorneys, efforts to simplify the custody process are generally welcome.

Couples who are going through a breakup or divorce are frequently forced to divide jointly held property, repay their joint debts, inform their friends and family, and manage a host of other painful issues. Where children are involved, most couples wish to minimize trauma, and try to preserve the parent/child relationships. Unfortunately, many parents see the breakup through their eyes only, and may lose sight of the needs of their children.

Custody law in Pennsylvania is “child focused.” Our courts do not regard children as “property” which should be “divided equally” between their parents. Judges know that children are human beings, with unique needs. Typically, judges try to fashion custody orders which allow both parents to maintain a healthy relationship with their children. In the end, those orders must promote the “best interests” of each child.

It has been my privilege to preside over a great many child custody hearings. If the parties are not represented by counsel, I often begin by giving them a written copy of the custody factors set forth in Section 5328 of the law. When parents demand “this is what I want,” I remind them that my focus is on the best interest of the child. Over the course of the hearing, most parents come to realize that simply “splitting the baby” is not our law.

Pennsylvania law recognizes both “legal custody” and “physical custody.” Legal custody means the legal right to make important decisions affecting the child. Those decisions may involve education, health care, after school activities, sports, religion, and others. Where parents can communicate in good faith, judges almost always want both parents involved.

Physical custody means who has the child, and when. This decision is often more complicated. The court must consider which party is more able to care for the physical and emotional needs of the child each day, which party will help the child with homework, which party can provide transportation, which party is home when the child is home, and a host of other issues. Some parties work long hours, which may limit their availability for child care. Some parties have emotional or substance abuse problems, while others have a history of physical or emotional abuse. Some parties have pending criminal charges, and others have problems with anger management. In each case, the court must consider all relevant factors, and focus on the best interests of the child.

Lawyers understand that custody cases are always time-consuming, often emotional, and rarely profitable. For those reasons and many others, most attorneys will not accept custody cases. For the handful of attorneys who do, they know that the judge will expect them to do a thorough investigation, to interview the child and family members, to confer with teachers or other experts, and to participate in a trial which may require several days of testimony. I am never surprised when parents tell me that they tried to retain an attorney, but could not.

I will close with a few suggestions for those who may become involved in a custody dispute. First, good parenting usually requires a partnership. Even when couples break up or divorce, they should continue to work together in the best interest of their children. Second, if custody litigation appears likely, and if a parent has the ability and the means to retain an experienced attorney, doing so is usually a good investment. Third, when a parent must represent themselves in custody litigation, they should carefully review the revised factors listed in Section 5328 of the custody law. Those issues will concern the judge, and should concern the parties. Finally, custody litigation should never be blood sport. No judge wants to spend hours listening to why a former couple now hate each other. The judge wants to know how they can help the parties raise a happy, healthy, productive child. Doing so is in the best interest of the child, and ultimately, in the best interest of everyone else.

William P. Carlucci is a Lycoming County trial judge, a Past President of the Pennsylvania Bar Association, and a Co-Chair of the PBA Judicial Administration Committee.