Pennsylvania custody bill could shift courts toward 50/50 parenting time

A proposed Pennsylvania bill could change the starting point judges use in custody cases by presuming shared physical custody, shared legal custody and equal parenting time are in a child’s best interest. Tibbott & Richardson, P.C. says HB 1499 could affect how families and courts weigh parenting time, while still allowing exceptions for safety and individual circumstances.

Why it matters: - HB 1499 could change the baseline in Pennsylvania custody cases by starting with a presumption of shared parenting and near-equal time for both parents. - The proposal matters for families because custody decisions shape children’s routines, parental involvement and post-separation stability. - The bill would still allow courts to move away from equal parenting time when a child’s best interests require a different arrangement.

What happened: - Tibbott & Richardson, P.C., a family law firm serving the greater Pittsburgh area, is explaining the proposed legislation to Pennsylvania parents. - Pennsylvania House Bill 1499, sponsored by Representative Jamie Flick, proposes a rebuttable presumption that shared physical custody, shared legal custody and equal parenting time are in the best interest of a child. - Under the proposal, equal parenting time would mean time as close as practicable to 50% for each parent, with neither parent receiving more than 60%. - The bill remains proposed legislation and has not become law.

The details: - HB 1499 would require courts to make specific findings when they depart from equal parenting time. - When a deviation is warranted, the bill directs courts to create a schedule that maximizes each parent’s time with the child while staying consistent with the child’s best interests. - The legislation would continue to require custody decisions to fit within Pennsylvania’s broader best-interests framework. - A court finding that a party committed abuse would be one circumstance that could justify departing from the presumption. - The bill does not remove judicial discretion in cases where equal parenting time would be inappropriate. - The 2025 Annie E. Casey Foundation Kids Count Data Book says about 874,000 Pennsylvania children, or 35%, live in single-parent families. - That figure does not show how many children are in custody proceedings, but it highlights the scale of family structures where parenting-time disputes can arise. - Attorney Beth Tibbott said custody decisions affect parent-child relationships, family organization and how parents move forward after separation. - Attorney Dana Richardson said custody cases involve children, parents, relationships, stability and the realities of each family’s life.

Between the lines: - Supporters of equal parenting presumptions argue that children often benefit from strong relationships with both parents and that courts should begin with an expectation of shared parenting when appropriate. - Critics and skeptics worry a 50/50 presumption may not fully account for the individual circumstances of each family. - The debate shows a broader tension in custody law between a uniform starting point and case-by-case flexibility. - The public conversation around HB 1499 reflects how custody policy can quickly become a statewide issue for parents and attorneys.

What's next: - HB 1499 will depend on further action by the Pennsylvania General Assembly. - Pennsylvania families involved in custody disputes may continue to watch the bill as it moves through the legislative process. - Tibbott & Richardson says it will keep monitoring legal and legislative developments affecting Pennsylvania families. - The firm says its family law attorneys aim to help clients understand their rights, navigate custody matters and make informed decisions about their futures.

The bottom line: - HB 1499 would not eliminate individualized custody review, but it could shift Pennsylvania courts toward a stronger default in favor of shared parenting and equal time.