How to Protect Your Parental Rights During a Custody Dispute

Pennsylvania courts decide custody based on 16 statutory factors focused on the child’s best interest, and how you conduct yourself throughout the dispute directly shapes how those factors are weighed. Our child custody attorneys at Tanner Law Offices help Camp Hill-area parents build the record and take the steps that protect their custody rights from the outset.

What Does Pennsylvania Law Actually Look At?

Under 23 Pa.C.S. Section 5328, a Cumberland County judge must weigh a specific list of factors before entering any custody order, including which parent is more likely to encourage a relationship between the child and the other parent, each parent’s stability and availability, and any history of abuse. As of an August 2025 amendment, the statute gives substantial weighted consideration to the factors touching on the child’s safety, so allegations or evidence involving abuse or violence now carry even more weight than before.

No factor decides a case on its own, and no parent receives a preference based on gender. The court looks at the totality of the circumstances.

Document Everything, From the Start

Judges rely on evidence, not recollection. Keep a written record of:

• Parenting time exercised, including cancellations or no-shows
• Communication with the other parent, saved rather than deleted
• Involvement in school, medical, and extracurricular decisions
• Any safety concerns, with dates and specifics

A factual, unemotional log carries far more weight in a courtroom than a narrative built after the fact.

Follow the Existing Order to the Letter

Until a court changes it, the current custody order controls, even if you believe it’s unfair or that circumstances have shifted. Denying scheduled parenting time or making unilateral changes, even with good intentions, can be used against you and may expose you to a contempt petition from the other parent.

Avoid the Common Missteps

Certain behaviors routinely undercut a parent’s position in a custody case:

• Disparaging the other parent in front of the child
• Involving the child in adult disputes or asking them to relay messages
• Making major decisions, such as a move or a change in school, without notice
• Refusing to communicate or cooperate on co-parenting logistics

Courts read these patterns as a sign of poor judgment or an unwillingness to foster the child’s relationship with both parents, which works directly against the statutory factors.

Understand What’s at Stake in Contested Proceedings

A contested custody matter can involve a custody evaluation, a guardian ad litem, or counsel appointed for the child, particularly where safety concerns have been raised. Each of these adds a layer of scrutiny to your parenting, so consistent, well-documented conduct matters at every stage, not just at the final hearing.

Protect Your Rights With Tanner Law Offices

A custody dispute puts your relationship with your child on the line, and the choices you make along the way can carry as much weight as the final hearing itself. Tanner Law Offices represents parents throughout Camp Hill and Cumberland County in custody matters, from the first filing through trial.

Call (717) 731-8114 or schedule a consultation online, and our attorneys will help you protect your parental rights at every stage of your case.