Pennsylvania lawmakers are weighing a proposal that could shift the ground rules for thousands of custody disputes — and the state’s family law attorneys are taking notice. House Bill 1499, introduced by Representative Jamie Flick, would create a legal presumption that shared physical custody, shared legal custody, and equal parenting time serve a child’s best interests, with equal time defined as close to 50% for each parent and neither exceeding 60%.
Tibbott & Richardson, P.C. Explains How Pennsylvania's Proposed HB 1499 Could Change the Starting Point for Child Custody and Parenting Time Decisions
Tibbott & Richardson, P.C., a family law firm serving the greater Pittsburgh area, is helping Pennsylvania parents understand proposed legislation that could significantly change the starting point courts use when determining child custody cases.
The bill’s central idea: Courts would begin custody deliberations with the assumption that shared parenting is best, while still retaining the ability to deviate when a family’s specific circumstances demand it. That distinction is crucial to understanding what the legislation would — and wouldn’t — do.
The stakes are considerable across the Commonwealth. According to the 2025 Annie E. Casey Foundation Kids Count Data Book, approximately 874,000 Pennsylvania children, or 35%, live in single-parent families. While that figure does not indicate how many children are involved in custody proceedings, it illustrates the number of children living in family structures in which questions about parenting time and parental involvement may arise.
Custody decisions affect much more than a court schedule. They affect how parents and children maintain relationships, how families organize their lives, and how parents move forward after separation.— Beth Tibbott
“Custody decisions affect much more than a court schedule,” said Attorney Beth Tibbott, co-founding partner of Tibbott & Richardson, P.C. “They affect how parents and children maintain relationships, how families organize their lives, and how parents move forward after separation. When a proposed law could change the starting point for those decisions, parents need to understand what the change would and would not mean.”
If enacted, the legislation would also obligate courts to document specific findings whenever they choose to depart from equal parenting time. In cases where a deviation is justified, the bill instructs courts to craft a parenting schedule that maximizes each parent’s time with the child while remaining consistent with the child’s best interests.
Supporters of equal parenting presumptions argue that children often benefit from maintaining meaningful relationships with both parents and that courts should begin with an expectation of shared parenting whenever appropriate. Others have raised concerns about whether a presumptive 50/50 framework could adequately account for the unique circumstances of each family.
Attorney Dana Richardson, co-founding partner of Tibbott & Richardson, P.C., believes Pennsylvania families should pay close attention to the conversation while remembering that custody cases involve real people and highly individual circumstances.
“Custody is never just about dividing time on a calendar,” Richardson said. “It is about children, parents, relationships, stability, and the realities of each family's life. Any change to Pennsylvania custody law needs thoughtful discussion because the goal should always be to give families and courts a framework that allows decisions to reflect what is truly best for the child.”
Importantly, HB 1499 would not eliminate the court's responsibility to consider circumstances that may make equal parenting time inappropriate. The proposed legislation continues to recognize the importance of evaluating factors relevant to a child's safety and well-being, including situations involving abuse.
Under the bill, a court finding that a party has committed abuse would be among the circumstances that could justify departing from the proposed presumption. The legislation would also continue to require custody decisions to be evaluated within Pennsylvania's broader legal framework governing the best interests of the child.
For parents currently involved in a custody dispute, or anticipating one, the proposed legislation is a reminder that Pennsylvania custody law can evolve and that understanding the law is an important part of preparing for difficult family decisions.
“People going through custody disputes already have enough uncertainty in their lives,” Tibbott said. “Our role is to help them understand what the law says today, stay informed about what may change tomorrow, and develop a strategy based on the facts of their individual situation.”
HB 1499 remains proposed legislation and has not become Pennsylvania law. Its future will depend on further action by the Pennsylvania General Assembly. However, the bill has already contributed to a broader statewide discussion about shared parenting, equal parenting time, and the role courts should play in determining custody arrangements.
Tibbott & Richardson, P.C. continues to monitor legal and legislative developments that may affect Pennsylvania families. The firm's family law attorneys are committed to helping clients understand their rights, navigate complex custody matters, and make informed decisions about their futures.
About Tibbott & Richardson Attorneys at Law
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Read the original press release on Tibbott & Richardson, P.C.’s website: https://www.tibbottrichardson.com/press-releases/could-pennsylvanias-50-50-custody-bill-change-how-courts-decide-parenting-time/
Beth Tibbott
Tibbott & Richardson, P.C.
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Why it matters: This bill, if passed, would fundamentally reframe how Pennsylvania courts approach custody — shifting from a case-by-case evaluation to a default assumption of shared parenting. For the roughly 874,000 children in single-parent households statewide, and for parents entering custody proceedings, the outcome of HB 1499 could reshape family dynamics for years to come.
