How does a PFA affect custody in Pennsylvania?

Last updated October 4, 2026.

A protection from abuse (PFA) order can affect custody in two ways. First, the PFA itself can award temporary custody and set temporary visits, and it bars custody or unsupervised visits for a defendant the court finds abused the children or poses a risk of abusing them (23 Pa.C.S. 6108(a)(4)). Second, in any later custody case, past or current PFA orders with a finding of abuse are among the safety factors the judge must give substantial weight (23 Pa.C.S. 5328(a)(2)).

A PFA is a temporary, civil order. It does not replace a custody case, and either parent can still file one (6108(a)(4)(v)). For our family practice in Media, see our family law page. If you need protection, our protection from abuse page covers the petitioner's side.

How do custody terms get into a PFA, step by step?

1. Petition. The plaintiff files a petition that can ask for temporary custody. In Delaware County, Local Rule 1901.3(e) sends it to the Office of Judicial Support to be docketed and then to the Court Administrator, who brings it to a judge.
2. Temporary order. If the petition alleges immediate and present danger, the judge holds an ex parte proceeding and may enter a temporary order to protect the plaintiff or the children (23 Pa.C.S. 6107(b)). If the defendant already has custody under a court order or written agreement, that custody is not changed in the temporary order unless the court finds the defendant is likely to abuse the children or remove them from the court's jurisdiction before the hearing (6108(a)(4)(iv)).
3. After hours. When the courts are closed, an emergency order comes from a district judge and lasts until the next business day; see Delaware County's district courts.
4. Service and notice. The defendant's notice must say that child custody is one of the proceedings where a protection order may be considered later (6107(a)).
5. Final hearing. Within ten business days of filing, the plaintiff must prove abuse by a preponderance of the evidence (6107(a)). The county handbook says Delaware County PFA hearings are held on Thursdays in Courtroom 1 of the main Courthouse.
6. Final order or agreement. The court may award temporary custody or temporary visitation, with conditions for safety at exchanges and visits (6108(a)(4)(vi)). The order lasts a fixed period of up to three years (6108(d)).
7. Custody case. A full custody case, with conciliation in Delaware County, decides the longer-term arrangement; see the steps in a Delaware County custody case.

What can a PFA order say about the children?

The same order can also give the plaintiff possession of the home (6108(a)(2) and (3)); the longer-term question is covered in who gets the house in a divorce. How the home is treated in a divorce is a separate question, covered in how property is divided in a Pennsylvania divorce.

How does a PFA affect a later custody case?

Since Act 8 of 2024, often called Kayden's Law, the custody statute tells judges to give substantial weighted consideration to the factors that affect the child's safety: which parent is more likely to keep the child safe, present and past abuse by a parent or household member (including past or current PFA orders where abuse was found), child abuse and protective services history, and violent or assaultive behavior (23 Pa.C.S. 5328(a)(1) to (2.2)).

The law also protects the parent who sought safety. A factor is not weighed against a parent if the circumstances were a response to abuse or needed to protect the child, and temporary housing instability caused by abuse is not counted against the parent alleging abuse (5328(a.1)). A parent's good faith efforts to protect the child are not treated as unwillingness to cooperate (5328(a)(2.3)).

When the court finds a history of abuse or a present risk of harm and still awards custody to the parent who committed it, the order must include safety conditions and explain them (5323(e)). If there is an ongoing risk of abuse of the child, supervised custody is presumed, with professional supervision favored (5323(e.1)).

What rights does each parent have at the PFA hearing?

Because the hearing can decide temporary custody, both parents should treat it as a custody hearing too. When the defendant is notified of the hearing, the court must explain the right to a lawyer, to present evidence and to compel witnesses to attend, and must warn that firearms may be ordered relinquished and that the order may be considered in later proceedings (23 Pa.C.S. 6107(a)). The county handbook adds that a PFA is a civil case, so neither side has a right to a court-appointed lawyer, and that both parties may question all witnesses, call their own witnesses and testify.

The burden is on the plaintiff, who must prove abuse by a preponderance of the evidence. Abuse is defined in 23 Pa.C.S. 6102 and, for custody purposes since 2024, also includes stalking but not justified self-defense against abuse (23 Pa.C.S. 5322). If the hearing is continued without a temporary order in place, the court can still enter one (6107(c)(1)). Many cases end in a consent agreement instead of a finding; its custody terms bind the parents just as an order would.

What changes the answer?

• Whether abuse was found. Factor (2) in 5328(a) refers to protection orders "where there has been a finding of abuse." Whether a consent agreement contains such a finding depends on its terms, so read them before signing.
• Whether a violation led to contempt. A conviction for violating a PFA under 23 Pa.C.S. 6114 is on the list of offenses a custody court must consider, and it must find no threat of harm before awarding custody to that parent (5329(a)). See what happens if you are accused of violating a PFA.
• Pending criminal charges. A parent may ask for an expedited temporary custody order when the other parent is charged with a listed offense (5330).
• Who the abuse was against. Abuse of the children leads to the strongest restrictions; abuse of the other parent can still bring supervision and safety conditions (6108(a)(4); 5323(e)).
• Firearms. A PFA can require relinquishment of guns, which often matters at custody exchanges; see whether you must give up firearms under a PFA.
• Counseling. In a divorce, a spouse with a PFA cannot be required to attend counseling over objection (23 Pa.C.S. 3302(g)).

For example: a temporary PFA and an existing custody agreement

Here is a hypothetical. Parents in Aston share custody under a written agreement. After an argument, the mother files a PFA petition in Media asking for temporary custody. The judge enters a temporary order keeping the father away from her home, but leaves the custody agreement in place, because nothing in the petition shows he is likely to harm the children or take them out of the county before the hearing.

At the Thursday hearing ten business days later, the judge finds abuse of the mother but none toward the children. The final PFA sets exchanges at a public place with a relative present and keeps the shared schedule. Months later, in the custody case, the conciliator and the judge must give substantial weight to that PFA as a safety factor, along with every other factor. This example is only an illustration; it does not predict any result.

What mistakes do parents make when a PFA and custody overlap?

• Treating the PFA as the final custody order. It is temporary and lasts up to three years; a custody case decides the long-term arrangement.
• Violating the order to keep a custody exchange. Contact the order forbids can lead to contempt, which itself becomes a custody factor.
• Agreeing to a PFA without reading its custody terms. The custody and visitation terms in a consent agreement are binding.
• Waiting to file for custody. Either parent can file a custody case at any time (6108(a)(4)(v)).
• Skipping the support complaint. Support in a PFA is temporary, and the support complaint must be filed within two weeks (6108(a)(5)); see how child support is calculated.
• Not asking for a continuance when served late. A defendant served within three business days of the hearing can request one (6107(c)).

What should I do this week?

1. Read the order's custody and visitation terms line by line and follow them exactly.
2. Write down the hearing date; in Delaware County, PFA hearings are on Thursdays in Courtroom 1.
3. Gather evidence: texts, photos, medical records, police reports and witness names.
4. Plan safe exchanges that comply with the order.
5. If you have firearms and the order requires it, follow the relinquishment instructions.
6. Book a consultation about the PFA hearing and whether to file for custody now.

Frequently asked questions

Can a PFA give me full custody?

It can award temporary custody (6108(a)(4)). Long-term custody is decided in a custody case under the factors in 5328.

I was served with a PFA. Will I lose time with my children?

Not automatically. Existing custody is not changed by a temporary order unless the court finds a likelihood of abuse or removal (6108(a)(4)(iv)), and the final order depends on what the court finds at the hearing. Read what happens at the final PFA hearing in Delaware County.

Does the custody judge see the PFA?

Yes. Each parent files a Criminal Record/Abuse History Verification in custody cases, and the PFA notice warns that protection orders may be considered in later proceedings (6107(a)).

Can a PFA be extended?

Yes, for example after new abuse or when a contempt charge is pending at expiration, and there is no limit on the number of extensions (6108(d)).

Does a PFA affect child support?

A PFA can order temporary support after the hearing, but a regular support complaint must be filed within two weeks to keep it going (6108(a)(5)). Support is then set under the statewide guideline at Domestic Relations.

Does a PFA change how long my divorce takes?

No, the waiting periods stay the same, but a spouse with a PFA cannot be forced into counseling. See how long a divorce takes in Pennsylvania.

Where are PFA cases heard in Delaware County?

In Media. Petitions are docketed at the Office of Judicial Support and final hearings are held in the main Courthouse; our page on Delaware County family court lists each location.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a PFA and custody. Evening and weekend appointments are available.