Important Family Law Updates in Pennsylvania
Family law in Pennsylvania just got a few important updates that could affect parents, couples, and families across the state. These new changes touch on some of the most common issues we see in family court – including how custody is decided, how property is divided during a divorce, and how support is calculated. From new custody considerations under 23 Pa.C.S.A. § 5328, to a law that now allows pets to be a part of equitable distribution, Pennsylvania is taking steps to better reflect modern family life.
These updates may sound technical, but they have very real effects on everyday families. Whether you’re going through a divorce, dealing with custody issues, or adjusting support arrangements, understanding these changes is an important part of knowing your rights and options. Below, we’ll break down each update in plain language and explain what it could mean for you.
Beginning on August 29, 2025, Pennsylvania underwent a slight change in custody factors under 23 Pa.C.S.A. § 5328. The list of factors judges consider when deciding what’s in a child’s best interest has been shortened from sixteen factors to only twelve. The goal is to make the process easier to understand and less repetitive, while still keeping the focus on the child’s safety and well-being. Some of the old factors that overlapped have been combined, such as those dealing with each parent’s ability to meet the child’s daily and emotional needs. The law still requires judges to look closely at issues like each parent’s mental and physical health, any history of abuse, and whether there are concerns about drugs or alcohol. One of the biggest updates involves how judges look at each parent’s ability to work together. The law now makes it clear that a parent who takes reasonable steps to protect their child’s safety, such as limiting contact with the other parent when there’s a real concern, should not be punished for being “uncooperative.” On the flip side, judges will still look closely at whether each parent is encouraging a healthy, safe relationship between the child and the other parent. Overall, these changes don’t drastically alter how custody decisions are made, but they do make the law more straightforward and focused on creating the best environment for the child.
Another exciting update in Pennsylvania family law is that pets are now officially part of equitable distribution during a divorce. In the past, pets were treated the same as any other piece of property – like a car or a piece of furniture – which often felt unfair to parties who see their pets as members of the family. Under the new law, judges can now consider which spouse has the stronger emotional bond with the pet, who primarily cares for it, and what’s best for the animal’s well-being when deciding who keeps the pet. This change recognizes that pets are much more than property. It also means that divorcing couples will have a clearer, more compassionate process for deciding where their pets will live after separation, rather than simply awarding them based on ownership.
In the past in Pennsylvania, when a child was born to a married woman, her husband was automatically presumed to be the legal father of that child, regardless of biology. Recent case law, however – including the April 25, 2025, decision by the Supreme Court of Pennsylvania in Sitler v. Jones – has signaled that this presumption is no longer iron-clad. The court made clear that the presumption applies only when the marriage is “intact” at the time a paternity challenge is made, and that it must now be weighed alongside the child’s best interests rather than automatically take precedence. What this means for you: If you’re married and a child is born, your husband might still be presumed the father, but that presumption can be challenged easily now if the marriage isn’t intact or if another person can show there’s a reasonable possibility that he is the biological father and that determining true paternity serves the best interests of the child.
Starting January 1, 2026, Pennsylvania will also update how courts handle child and spousal support when one party is incarcerated. Under the new version of Pa.R.C.P. 1910.16-2(d)(2)(ii), time spent in jail will generally be treated as an involuntary decrease in income – meaning the court can take the person’s reduced income into account when calculating or modifying support. However, there are two key exceptions. If someone is jailed for support enforcement purposes (for example, because they didn’t pay their support order) or for a crime involving the child or the other parent, that loss of income will then be considered voluntary. In those situations, the judge may decide that lowering support would be unjust or inappropriate, especially if doing so would not be in the child’s best interest.
Family law issues can be stressful and emotionally charged, especially when the laws themselves are changing. Whether you’re facing a custody dispute, navigating a divorce, or dealing with support or paternity questions, it’s important to have someone on your side who understands how these new updates could affect your case. If you have questions about how these changes might impact your situation, give us a call at 610-891-8806 to schedule a consultation. We’re here to help you understand your options and move forward with confidence.