Section 5328 - Factors to consider when awarding custody(a)Factors.--In ordering any form of custody, the court shall determine the best interest of the child by considering all relevant factors, giving substantial weighted consideration to the factors specified under paragraphs (1), (2), (2.1) and (2.2) which affect the safety of the child, including the following: (1) Which party is more likely to ensure the safety of the child.(2) The present and past abuse committed by a party or member of the party's household, which may include past or current protection from abuse or sexual violence protection orders where there has been a finding of abuse.(2.1) The information set forth in section 5329.1(a) (relating to consideration of child abuse and involvement with protective services).(2.2) Violent or assaultive behavior committed by a party.(2.3) Which party is more likely to encourage and permit frequent and continuing contact between the child and another party if contact is consistent with the safety needs of the child.(3) The parental duties performed by each party on behalf of the child.(4) The need for stability and continuity in the child's education, family life and community life, except if changes are necessary to protect the safety of the child or a party.(5) The availability of extended family.(6) The child's sibling relationships.(7) The well-reasoned preference of the child, based on the child's developmental stage, maturity and judgment.(8) The attempts of a party to turn the child against the other party, except in cases of abuse where reasonable safety measures are necessary to protect the safety of the child . A party's reasonable concerns for the safety of the child and the party's reasonable efforts to protect the child shall not be considered attempts to turn the child against the other party. A child's deficient or negative relationship with a party shall not be presumed to be caused by the other party.(9) Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs.(10) Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the child.(11) The proximity of the residences of the parties.(12) Each party's availability to care for the child or ability to make appropriate child-care arrangements.(13) The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. A party's effort to protect a child or self from abuse by another party is not evidence of unwillingness or inability to cooperate with that party.(14) The history of drug or alcohol abuse of a party or member of a party's household.(15) The mental and physical condition of a party or member of a party's household.(16) Any other relevant factor.(a.1) Exception.--A factor under subsection (a) shall not be adversely weighed against a party if the circumstances related to the factor were in response to abuse or necessary to protect the child or the abused party from harm and the party alleging abuse does not pose a risk to the safety of the child at the time of the custody hearing. Temporary housing instability as a result of abuse shall not be considered against the party alleging abuse.(a.2) Determination.--No single factor under subsection (a) shall by itself be determinative in the awarding of custody. The court shall examine the totality of the circumstances, giving weighted consideration to the factors that affect the safety of the child, when issuing a custody order that is in the best interest of the child. (b) Gender neutral.--In making a determination under subsection (a), no party shall receive preference based upon gender in any award granted under this chapter.(c) Grandparents and great-grandparents.--(1) In ordering partial physical custody or supervised physical custody to a party who has standing under section 5325(1) or (2)(relating to standing for partial physical custody and supervised physical custody), the court shall consider the following:(i) the amount of personal contact between the child and the party prior to the filing of the action;(ii) whether the award interferes with any parent-child relationship; and(iii) whether the award is in the best interest of the child.(2) In ordering partial physical custody or supervised physical custody to a parent's parent or grandparent who has standing under section 5325(3), the court shall consider whether the award:(i) interferes with any parent-child relationship; and(ii) is in the best interest of the child.Amended by P.L. (number not assigned at time of publication) 2024 No. 8,§ 3, eff. 8/13/2024.Amended by P.L. 1167 2013 No. 107, § 1, eff. 1/1/2014.2010, Nov. 23, P.L. 1106, No. 112, § 2, effective in 60 days [Jan. 24, 2011].