Briggs, experts raise concerns over proposed child custody bill
Rep. Tim Briggs October 6, 2026 | 9:29 AM
HARRISBURG, Oct. 5 – House Judiciary Committee Chair Rep. Tim Briggs said Monday that testimony before the committee raised significant concerns about a presumption of equal physical custody bill and its proposed changes to Pennsylvania's child custody laws.
“Meaningful relationships with both parents can be incredibly important to a child’s well-being, and in many families, shared custody may be the right arrangement,” Briggs said. “But every child and every family is different, and what is best in one situation may not be best in another. The testimony before our committee reinforced that distinction: maintaining meaningful relationships with both parents is not the same thing as requiring an equal custody arrangement in every case.
“Everyone involved in our domestic relations system understands that there are legitimate concerns that deserve to be addressed,” Briggs said. “But this legislation is not the solution. In fact, I believe this bill would do more harm than good.”
House Bill 1499 would substantially eliminate the existing individualized best-interests-of-the-child analysis that courts use when determining custody.
“The best-interests-of-the-child standard exists for a reason,” Briggs said. “Every child and every family is different. A custody arrangement that works well for one family may be completely inappropriate for another, particularly when there are concerns about domestic violence, abuse, a child's special needs, stability or other circumstances that affect a child's well-being.”
The Pennsylvania Psychological Association reinforced that point in its testimony, supporting the value of meaningful relationships with both parents while cautioning against assuming that equal parenting time is appropriate for every family. The association emphasized that the quality of parenting, parents’ ability to cooperate, a child’s developmental needs, instability, conflict and safety concerns can all affect a child’s experience.
Concerns about the bill’s potential consequences in custody cases involving domestic violence and other complex family circumstances were also raised by the Pennsylvania Coalition Against Domestic Violence, Women’s Law Project and longtime child advocate Frank P. Cervone. Experts warned that a presumption of equal custody could make it more difficult for courts to account for safety concerns and other factors that may warrant an arrangement other than 50/50 custody.
“The child's best interest needs to be that lodestar,” Kelsie Massini, legal policy manager for the Pennsylvania Coalition Against Domestic Violence, said in her testimony. “There are certainly situations where a 50/50 custody schedule is in the best interest of the child, but that isn't always the case. Therefore it should not be the starting point.”
Briggs said the General Assembly should continue working to improve Pennsylvania's domestic relations system, but those efforts must keep children at the center of the process.
“We can acknowledge that the system isn't perfect and still recognize that this legislation goes too far,” Briggs said. “Our goal should be to make custody proceedings fairer, safer and more responsive to the needs of children. House Bill 1499 does not accomplish that. It replaces an individualized standard with a one-size-fits-all approach, and that is not in the best interests of Pennsylvania's children.”