A parenting plan in Pennsylvania is a written document governed by 23 Pa.C.S. § 5331 that sets out the schedule for a child's care, parenting time, holidays, education, and a dispute-resolution procedure. In contested cases, courts may order both parents to submit one. Standalone custody filing fees range from $79 to $250 depending on the county as of June 2026.
Key Facts: Parenting Plans in Pennsylvania
| Item | Detail |
|---|---|
| Filing Fee (custody count) | $79–$250 (varies by county; verify with prothonotary) |
| Waiting Period | No statutory waiting period for custody; conciliation/mediation may apply |
| Residency Requirement | Child's "home state" = 6 consecutive months in PA (23 Pa.C.S. § 5402) |
| Governing Statute | 23 Pa.C.S. § 5331 (parenting plans); § 5328 (16 factors) |
| Custody Standard | Best interests of the child; 16 statutory factors; no gender presumption |
What Is a Parenting Plan in Pennsylvania?
A parenting plan Pennsylvania families use is a written agreement, authorized under 23 Pa.C.S. § 5331, that documents how separated parents will share custody. The statute requires the plan to include the schedule for personal care, parenting time, holidays, vacations, education, and a procedure for resolving disputes through mediation or arbitration. Courts may order plans in contested cases.
Pennsylvania's Child Custody Act, codified at 23 Pa.C.S. §§ 5321–5340, governs every custody decision in the Commonwealth. The parenting plan provision, 23 Pa.C.S. § 5331, sits within this framework. A critical protection in the statute is that a parent's proposed parenting plan, and the position taken within it, is not admissible as evidence by the other party. This rule encourages parents to negotiate openly without fear that a settlement offer will later be used against them in court. The statute also prescribes a standardized form that, when ordered by the court, must be submitted in substantially the form set out in the law, covering decision-making, drop-off and pick-up logistics, and the handling of extraordinary costs.
Required Contents of a Pennsylvania Parenting Plan
Under 23 Pa.C.S. § 5331, a parenting plan must include the schedule for personal care and control of the child, parenting time for holidays and vacations, the child's education and religious involvement, and a dispute-resolution procedure. The statutory form also requires decision-making processes, transportation logistics, and allocation of extraordinary expenses. Missing any required element can delay court approval.
A complete custody agreement in Pennsylvania addresses both legal and physical custody. Legal custody is decision-making authority over major issues; physical custody is where the child lives and the day-to-day parenting time schedule. The statute does not dictate a single correct arrangement — it requires that the plan be specific enough to be enforceable. A strong parenting plan answers concrete questions: Who picks the child up from school on Wednesdays? Where does the holiday exchange happen on Christmas Day? Who decides which doctor the child sees? The more precisely the co-parenting schedule resolves these recurring questions, the fewer disputes arise later. A vague plan that says "parents will share time reasonably" invites conflict; a detailed plan that assigns each day, holiday, and decision prevents it.
The core sections every Pennsylvania parenting plan should contain are:
- Physical custody schedule (weekdays, weekends, overnights)
- Holiday and school-break parenting time schedule
- Summer vacation allocation
- Legal custody / decision-making authority (medical, education, religion)
- Transportation and exchange logistics (location, times, who drives)
- Communication rules between parents and with the child
- Procedure for resolving disputes (mediation, arbitration, or counseling)
- Relocation notice obligations under 23 Pa.C.S. § 5337
- Allocation of extraordinary expenses (activities, medical, travel)
The Seven Types of Custody Under Pennsylvania Law
Pennsylvania law recognizes seven distinct forms of custody, defined in 23 Pa.C.S. § 5322 and awarded under 23 Pa.C.S. § 5323. These split into legal custody (decision-making) and physical custody (where the child lives). Your parenting plan must specify exactly which type of legal and physical custody each parent holds, because the labels carry precise legal meaning that affects enforcement.
Understanding these categories is essential before drafting a visitation schedule. Legal custody can be shared, where both parents jointly make major decisions, or sole, where one parent decides exclusively. Physical custody is more granular. Primary physical custody means a parent has the child for the majority of time. Shared physical custody means both parents have significant custodial periods. Partial physical custody means a parent has the child for less than a majority of the time. Sole physical custody gives one parent exclusive possession. Supervised physical custody requires an agency or court-approved adult to monitor the parent-child interaction — typically ordered where safety is a concern. Under a 2024 amendment (Act 8 of 2024) adding subsection (e.1) to § 5323, if a court finds by a preponderance of the evidence an ongoing risk of abuse to the child, a rebuttable presumption arises that only supervised physical custody is permitted with the party who poses the risk.
| Custody Type | Category | Definition |
|---|---|---|
| Shared Legal | Legal | More than one individual shares decision-making |
| Sole Legal | Legal | One individual has exclusive decision-making |
| Primary Physical | Physical | Child lives with one parent the majority of time |
| Shared Physical | Physical | Both parents have significant custodial periods |
| Partial Physical | Physical | Less than a majority of custodial time |
| Sole Physical | Physical | One parent has exclusive physical possession |
| Supervised Physical | Physical | Monitored interaction by agency or designated adult |
The 16 Best-Interest Factors Courts Weigh
Pennsylvania courts decide custody using 16 statutory factors listed in 23 Pa.C.S. § 5328(a), applying a best-interests-of-the-child standard with no presumption favoring either parent based on gender. No single factor is determinative; judges weigh the totality of circumstances and give substantial weighted consideration to factors affecting child safety. A parenting plan aligned with these factors is far more likely to win approval.
When parents cannot agree and a judge must decide, the court evaluates each of the 16 factors on the record. These include which parent is more likely to encourage frequent contact with the other parent, the parental duties each has performed, the child's need for stability and continuity in education and community life, sibling relationships, the well-reasoned preference of the child based on maturity and judgment under § 5328(a)(7), and any history of abuse. As amended by Act 11 of 2025, the law now requires courts to give substantial weighted consideration to four safety-related factors, including which party is more likely to protect the child from abuse and any present or past abuse by a party or household member. The 2025 amendment also clarified that temporary housing instability resulting from abuse cannot be weighed against the abused parent. Drafting a co-parenting schedule that demonstrates stability, cooperation, and the child's safety positions a parent favorably under this framework.
How Pennsylvania Custody Jurisdiction Works (The 6-Month Rule)
Pennsylvania can decide custody only if it is the child's "home state," defined in 23 Pa.C.S. § 5402 as the state where the child lived with a parent for six consecutive months immediately before the case began. Pennsylvania follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) at 23 Pa.C.S. §§ 5401–5482. A child can have only one home state, fixed at the time the action is filed.
This jurisdictional rule matters before you file a parenting plan. For infants under six months old, Pennsylvania is the home state if the child has lived in the Commonwealth since birth. One parent must also reside in Pennsylvania — six months of the child's residency alone is insufficient if no parent lives in the state. Under 23 Pa.C.S. § 5421, the home state ranks first in the jurisdictional hierarchy, ahead of significant-connection jurisdiction, emergency jurisdiction, and default jurisdiction. Pennsylvania courts have also recognized a six-month "extended home state" window: once a state qualifies as the home state, it retains jurisdiction for six months after the child leaves. In emergencies — particularly domestic violence or danger to the child — a Pennsylvania court may exercise emergency jurisdiction under 23 Pa.C.S. § 5424 without the six-month requirement, with the order lasting until the child's true home state is determined.
Filing Fees and Court Costs for Custody in Pennsylvania
Custody filing fees in Pennsylvania range from $79 to $250 depending on the county, because each county prothonotary sets its own schedule under Pennsylvania law. As of June 2026, Franklin County charges $116.75 for a custody filing and $250.00 to modify a custody order, while Northampton County charges $79.00 for a custody count. Verify with your local clerk — fees change annually.
These filing fees represent only the cost to open or modify a custody case. Additional court costs apply throughout the process. Service of process fees typically run $50 to $125 depending on the method, certified copies cost $10 to $25 per document, and hearing fees range from $25 to $75 in counties that charge them. A petition to modify an existing custody order is generally more expensive than an initial filing — Franklin County's $250.00 modification fee illustrates the gap. Parents who cannot afford these costs may file a Petition to Proceed In Forma Pauperis; under the Pennsylvania Rules of Civil Procedure, a filer qualifies if household income falls at or below 125% of the federal poverty guidelines, which exempts them from court costs throughout the case. County fee schedules and custody forms are available at pacourts.us. As of June 2026, always confirm the exact figure with your county prothonotary before filing, as fees are revised periodically.
| County (2026) | Custody Filing Fee | Modify Custody Order |
|---|---|---|
| Franklin | $116.75 | $250.00 |
| Northampton | $79.00 (custody count) | Varies |
| Allegheny (Pittsburgh) | ~$210 (divorce complaint) | Varies |
| Philadelphia | $333.73 (divorce complaint) | Varies |
How to Create and File a Parenting Plan: Step by Step
To create a parenting plan in Pennsylvania, parents draft a written agreement covering all elements required by 23 Pa.C.S. § 5331, then file it with the county prothonotary for a fee of roughly $79 to $250. If both parents agree, the court can approve the plan as a custody order without a trial. Contested cases proceed to conciliation, mediation, and ultimately a hearing.
The typical path follows a clear sequence. First, confirm Pennsylvania has jurisdiction under the six-month home-state rule. Second, the filing parent submits a custody complaint with the prothonotary in the county where the child lives. Third, many counties require parents to attend a custody conciliation conference or mediation session before any hearing — this is where parents negotiate the parenting time schedule with a court officer's help. Fourth, if parents reach agreement, they submit a signed, consent parenting plan that the judge can adopt as an order. If they cannot agree, the case proceeds to a custody hearing where the judge applies the 16 factors of § 5328 and must state the reasons for the award on the record or in a written opinion, as required by § 5323(d). Once entered, the parenting plan becomes a binding court order enforceable through contempt proceedings.
Sample Parenting Time Schedules
A parenting time schedule in Pennsylvania allocates specific days, overnights, and holidays between parents. Common shared-custody arrangements include the 50/50 week-on/week-off schedule, the 2-2-3 rotation, and the every-other-weekend schedule paired with one weeknight. The right co-parenting schedule depends on the child's age, school location, and each parent's work hours — there is no statutory default.
Choosing a visitation schedule that fits the family reduces conflict and supports the stability that the 16 best-interest factors reward. For school-age children whose parents live close together, a 50/50 week-on/week-off arrangement minimizes exchanges and gives each parent extended time. The 2-2-3 schedule — two days with one parent, two with the other, then a three-day weekend that alternates — works well for younger children who benefit from frequent contact with both parents. When one parent travels for work or lives farther away, an every-other-weekend schedule combined with a midweek dinner visit provides a workable structure. Whatever schedule the parenting plan adopts, it should specify exact pick-up and drop-off times and locations, designate who handles transportation, and set a holiday rotation so that birthdays, religious holidays, and school breaks are divided in advance. Building these details into the custody agreement prevents the recurring disputes that vague plans create.
Modifying a Pennsylvania Parenting Plan
A Pennsylvania custody order can be modified under 23 Pa.C.S. § 5338 when a substantial change in circumstances affects the child's best interests. A parent files a petition to modify with the county prothonotary — Franklin County charges $250.00, for example — and the court re-evaluates the arrangement using the 16 statutory factors. Modifications are not granted for minor inconveniences.
Common grounds for modification include a parent's relocation, a significant change in work schedule, remarriage, the child's evolving developmental needs, consistent violation of the existing parenting time schedule, or new evidence of abuse, neglect, or substance abuse. Relocation carries its own procedural requirements under 23 Pa.C.S. § 5337, which obligates a relocating parent to provide notice and obtain either the other parent's consent or court approval before moving in a way that significantly impairs the other parent's custodial rights. When a parent petitions to modify, the court applies the same best-interest standard it used for the original order, weighing all 16 factors of § 5328. The parent seeking the change bears the burden of demonstrating that modification serves the child's best interests. Because contested modifications can require hearings and evaluations, building a clear dispute-resolution procedure into the original parenting plan — as § 5331 requires — can resolve many disagreements without returning to court.