Pennsylvania Divorce With Children (2026 Guide) — What You Need to Know

Divorcing when you have minor children requires more thought and paperwork than a childless divorce — but it is still manageable without an attorney if you and your spouse fully agree on custody, parenting time, and child support.

This guide covers everything specific to a Pennsylvania divorce involving minor children, including what courts require and when you genuinely need professional help.

Disclaimer: This is general legal information, not legal advice. Divorces involving children have long-lasting consequences. If you and your spouse disagree on any child-related issue, consulting a licensed Pennsylvania family law attorney is strongly recommended.

The Hard Truth About DIY Divorce With Children

DIY with children works when you and your spouse agree completely on:

Where the children will primarily live
The parenting time schedule for each parent
How major decisions about the children will be made
The child support amount
Health insurance and uninsured medical expense coverage

If you disagree on any of those — especially primary residence or support — the stakes are too high for an uninformed DIY approach. A poorly written custody agreement or incorrect child support calculation can affect your children and your finances for years.

Pennsylvania Custody Terms You Need to Know

Pennsylvania uses specific legal terminology. Understanding these terms makes the forms much less confusing.

Legal Custody — The right to make major decisions about the child's life: education, medical care, religious upbringing, extracurricular activities. Most agreed divorces award shared legal custody to both parents.

Physical Custody — Where the child physically lives. Can be:

Primary physical custody — child lives mainly with one parent; other parent has scheduled time
Shared physical custody — child spends significant time with both parents (often close to 50/50, though no specific minimum percentage is required)
Sole physical custody — child lives with one parent; other parent has limited or supervised time (usually only when safety is a concern)

Parenting Time — The schedule of when each parent has the children. This must be spelled out in detail in your custody order or MSA.

Best Interest of the Child — Pennsylvania courts base all custody decisions on the best interest of the child, considering 16 statutory factors. Even in an agreed divorce, your proposed custody arrangement must reflect the children's best interests.

The 16 Best Interest Factors Pennsylvania Courts Consider

When reviewing any custody arrangement — agreed or contested — courts look at:

Which party is more likely to encourage contact with the other parent
Present and past abuse by either party or member of their household
Each party's parental duties during the past and potential future
Each child's need for stability and continuity
Availability of extended family
The child's sibling relationships
Child's preference (if the child is of sufficient age and maturity)
Attempts of a parent to turn the child against the other parent
Which party is more likely to maintain a loving, stable, consistent relationship
Each party's history of drug or alcohol abuse
Each party's mental and physical condition
Each party's proximity to the child's school and social activities
Availability of childcare
Each sibling's needs
The level of conflict between the parties
History of domestic violence

Your agreed parenting plan should be built around these factors — not just what's convenient for the adults.

Child Support in Pennsylvania

How It's Calculated

Pennsylvania uses an income shares model — both parents' incomes are considered, not just the paying parent's. The support amount is based on:

The combined monthly net income of both parents
The number of children
The number of overnights each parent has per year

Use the Pennsylvania Child Support Calculator at humanservices.pa.gov/childSupport to estimate the guideline amount before filling out any forms.

Net Income

"Net income" for Pennsylvania support purposes is monthly gross income minus:

Federal, state, and local income taxes
FICA (Social Security and Medicare)
Mandatory union dues
Health insurance premiums for the children

The Shared Custody Adjustment

When both parents have significant overnights (generally 40%+ each, or about 146+ nights per year), Pennsylvania applies a shared custody adjustment that reduces the base support amount. This reflects that both parents are bearing more of the direct daily costs of raising the child.

Additional Expenses

Beyond base support, courts can also require contributions toward:

Health insurance premiums for the children
Uninsured medical and dental expenses (typically split 50/50 or proportionally)
Child care costs

Custody Forms and Requirements

If children are involved, your Complaint in Divorce must include custody and support claims — OR those claims must be fully resolved in your Marital Settlement Agreement (MSA).

What your MSA or custody order must address:

Whether legal custody is shared or sole
Which parent has primary physical custody (or that it's shared)
The specific parenting time schedule — school year, weekends, holidays, summers
How disagreements between parents about major decisions will be handled
Geographic limitations on where the custodial parent can relocate
The child support amount and payment method
Which parent carries health insurance for the children
How uninsured medical expenses are split
How extraordinary expenses (activities, tutoring, school fees) are handled

Be specific about the parenting time schedule. "Reasonable visitation" is not enforceable — courts and parents interpret it differently. Write out:

Regular schedule (school year)
Holiday schedule (list each holiday and specify which parent gets it and in which years)
Summer schedule
School break schedule
Mother's Day and Father's Day
Each child's birthday
First and last pick-up/drop-off times and locations

Support Wage Attachment

When child support is ordered, Pennsylvania generally requires an income attachment directing the paying parent's employer to deduct support from each paycheck and send it to the Pennsylvania Child Support Program's collection system.

This form is required in virtually all Pennsylvania child support orders. Even if you trust your co-parent to pay voluntarily, file it — it protects both parties and creates an automatic payment record.

The Parenting Education Requirement

Pennsylvania requires parents in contested custody cases to attend a parenting education program. While most counties do not require it in fully uncontested divorces, some do. Check with your county Prothonotary to find out whether your county requires a parenting class before the divorce is finalized.

Classes are typically available online, take 4–6 hours, and cost $25–$60.

Step-by-Step: Agreed Divorce With Children

Step 1

Confirm residency requirements are met.

Step 2

Have a direct conversation with your spouse about every aspect of the parenting arrangement and support — before touching any forms. The paperwork is much easier when you've already reached full agreement.

Step 3

Calculate child support using the Pennsylvania online calculator at humanservices.pa.gov/childSupport.

Step 4

Draft and sign your Marital Settlement Agreement, including detailed custody, parenting time, support, and insurance terms.

Step 5

Download the divorce with children forms from pacourts.us/learn/representing-yourself.

Step 6

Complete your Complaint in Divorce (with custody and support claims addressed or resolved in MSA). File at the Court of Common Pleas with the Prothonotary. Pay filing fee.

Step 7

Have your spouse sign an Acceptance of Service. Note the service date — the 90-day clock starts here.

Step 8

Both parties complete and file the Income and Expense Statement.

Step 9

Check whether your county requires a parenting class. Complete it if required and keep your certificate.

Step 10

After 90 days from service: both parties sign and file their Affidavits of Consent. File the Praecipe to Transmit Record.

Step 11

Receive the Final Decree in Divorce. Get certified copies. After the decree is issued, send the income attachment order to the paying parent's employer.

After the Divorce — Modifying Orders

Life changes. Pennsylvania allows either parent to request modifications to custody, parenting time, or support when there has been a "material and substantial change in circumstances." Common reasons include:

A parent wants to relocate
Significant change in either parent's income
A child's needs or preferences change as they get older
The other parent is not following the custody order
Safety concerns arise

Modifying a custody order requires a new court filing. If both parents agree to the change, the process is relatively simple. If not, it requires a hearing.

Note on relocation: Pennsylvania has specific relocation notice requirements. If the primary custodian wants to move a significant distance, they must give formal advance notice to the other parent. Failure to follow the relocation procedure can result in a custody modification against the relocating parent. If relocation is on the horizon, consult an attorney.

When You Really Need an Attorney

Be honest with yourself about these situations — they genuinely warrant professional help:

You and your spouse disagree on where the children will primarily live
There is a history of domestic violence, drug use, or child abuse
One parent wants to relocate out of the area with the children
Child support involves complex or hard-to-verify income
One parent has significant mental health concerns
Your spouse has hired an attorney

Free Resources

pacourts.us/learn/representing-yourself — Free forms for divorce with children
Pennsylvania Child Support Calculator — humanservices.pa.gov/childSupport
Pennsylvania Child Support Program — 1-800-932-0211 — handles payment processing and can assist with enforcement
palawhelp.org — Free legal help if you qualify

Frequently Asked Questions

Does Pennsylvania favor mothers over fathers in custody? No. Pennsylvania law requires courts to consider the best interest of the child without regard to the parent's sex. In practice, the parent who has been the primary caregiver tends to receive primary physical custody, but gender is not a factor.

Can my child decide which parent to live with? Pennsylvania courts consider a child's preference as one of the 16 best-interest factors, weighted by the child's age and maturity. Older children's preferences carry more weight, but the judge is not required to follow them.

What if my spouse and I agree on custody but not on support? Child support in Pennsylvania is calculated by a guideline formula. Courts will generally not approve a support amount significantly below the guideline unless there are specific documented reasons. You cannot simply agree to waive support.

Can we agree to no child support? Pennsylvania courts are reluctant to approve zero-support agreements because child support is considered a right of the child, not the parent. A judge may reject a decree with no support even if both parents agree.

What if my spouse moves out of Pennsylvania? Interstate custody situations are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Pennsylvania courts generally retain jurisdiction if the children have lived in Pennsylvania for the past 6 months. This gets complicated quickly — consider an attorney consultation.

Do I need to update the custody order when my child turns a certain age? There's no automatic update requirement, but if circumstances change significantly, either parent can petition for a modification. Courts consider a child's stated preference more seriously as they get older.

Last reviewed: March 2026 | Always verify current form requirements and local rules with your county Prothonotary.

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.