Yes, Fathers Can Get Custody in Pennsylvania—Here’s How
If you’re a father wondering whether you can get custody of your child in Pennsylvania, the short answer is yes. Family courts in Pennsylvania do not favor one parent over the other based on gender. Instead, they determine custody based on the best interest of the child standard. That means if you can provide a stable, loving environment and prove your ability to meet your child’s needs, you have just as much of a right to custody as the mother. But how exactly do you go about winning custody? Let’s break it down.
Understanding the Different Types of Custody in Pennsylvania
Before diving into strategies for securing custody, it’s important to understand the different types of custody arrangements available in Pennsylvania.
Legal Custody vs. Physical Custody
- Legal custody refers to the ability to make major decisions about the child’s education, healthcare, and religious upbringing. Pennsylvania courts generally prefer to award shared legal custody, meaning both parents have a say in these decisions.
- Physical custody determines where the child lives. It can be primary (one parent has the child most of the time), shared (both parents have substantial time with the child), or partial (one parent has visitation rights but not primary custody).
Common Custody Arrangements in Pennsylvania
- Sole Custody – One parent has full physical and legal custody.
- Shared Custody – Both parents split time with the child.
- Primary Custody – One parent has custody most of the time, while the other gets visitation.
- Supervised Visitation – One parent can only see the child under supervision due to safety concerns.
The “Best Interest of the Child” Standard in Pennsylvania Custody Cases
The courts use a list of factors to determine what is in the best interest of the child (23 Pa. C.S. § 5328). These include:
- The child’s need for stability and continuity in education, family life, and community life
- The parental duties performed by each parent
- The ability of each parent to provide for the child’s physical, emotional, and developmental needs
- The child’s preference (depending on age and maturity)
- Any history of domestic abuse or substance abuse
- The mental and physical health of each parent
- The level of conflict between the parents and their ability to co-parent
- The willingness of each parent to foster a relationship between the child and the other parent
Real-Life Example: The Dedicated Father Who Won Custody
I recently worked with a client—let’s call him Mike—who was terrified he wouldn’t get custody because he was the father. He had been heavily involved in his daughter’s life, from attending parent-teacher conferences to coaching her soccer team. However, the mother had primary custody, and he was limited to every other weekend. When she decided to relocate, Mike knew he had to act.
We built a strong case showing that Mike provided a stable home, had a flexible work schedule, and was the parent who maintained the child’s routine. The judge ruled in his favor, awarding him primary custody. Fathers can absolutely win custody—but it requires strategy, preparation, and solid evidence.
How Fathers Can Improve Their Chances of Getting Custody in Pennsylvania
1. Be an Active and Involved Parent
Judges want to see that you are consistently involved in your child’s life. This means:
- Attending school events, doctor’s appointments, and extracurricular activities
- Helping with homework and bedtime routines
- Maintaining strong communication with your child
2. Provide a Stable Living Environment
The court will consider whether you can offer a home where the child feels safe and comfortable. Stability is key—having a steady job, a clean living space, and a predictable schedule will work in your favor.
3. Cooperate with the Other Parent
Even if your relationship with the child’s mother is strained, showing a willingness to co-parent will improve your chances of getting custody. Judges do not look favorably on parents who bad-mouth each other or interfere with the child’s relationship with the other parent.
4. Document Everything
Keep detailed records of:
- Your time spent with your child
- Any attempts to co-parent
- Texts, emails, and notes regarding custody exchanges
- Any concerning behavior from the other parent (such as neglect or substance abuse)
5. Work with an Experienced Custody Lawyer
Custody battles can be complex. A Pennsylvania family law attorney can help you navigate the legal system, gather necessary evidence, and present a compelling case in court.
Common Challenges Fathers Face in Custody Cases and How to Overcome Them
1. Facing Bias in Court
Although the law is gender-neutral, some judges may have outdated biases. Overcoming this requires strong documentation and legal representation.
2. Handling False Allegations
If the other parent makes false claims of abuse or neglect, you must address them aggressively. Gather evidence to refute the claims and request character witnesses if necessary.
3. Modifying an Existing Custody Order
If you already have a custody arrangement but want to change it, you’ll need to prove a significant change in circumstances, such as the other parent’s inability to provide a stable home.
FAQ: Pennsylvania Fathers’ Rights and Custody
Can a father get full custody in Pennsylvania?
Yes. If the father can prove that full custody is in the child’s best interest, the court can award sole custody.
Do courts favor mothers in custody cases?
No. Pennsylvania law treats both parents equally. The court decides based on what is best for the child.
How can a father increase his chances of getting custody?
By being actively involved in the child’s life, providing a stable home, cooperating with the other parent, and hiring a strong legal advocate.
Can a father get custody if the mother is unfit?
Yes. If a mother is found to be unfit due to neglect, substance abuse, or domestic violence, the father can seek primary or sole custody.
Do fathers have to pay child support if they have full custody?
If the father has full custody, the mother may be required to pay child support instead.
Final Thoughts: Fathers Have Rights—And You Can Win Custody
The idea that mothers automatically win custody is outdated. Pennsylvania custody law is designed to protect the child’s best interests, not to favor one parent over the other. As a father, you have the right to fight for custody, and with the right preparation, strategy, and legal support, you can absolutely succeed.
If you’re serious about getting custody of your child, don’t wait—schedule a consultation with a Pennsylvania family law attorney today. The sooner you take action, the better positioned you’ll be to protect your parental rights and your child’s future.
David Wenger is a family and criminal law attorney practicing in Mercer, Beaver, Butler, Lawrence, and Crawford counties in Pennsylvania. A former prosecutor and court-appointed Guardian ad Litem, he has extensive experience representing clients in complex custody and criminal defense cases. His passion is advocating for parents and children in the courtroom, ensuring their rights are protected.
