Parents in custody disputes often ask us two questions. Can the judge take custody time from me if I am held in contempt? And who decides my request for 50/50 custody? The Pennsylvania Superior Court answered both in 2026.

Custody time is not a contempt penalty

On November 2, 2026, the Superior Court decided Laubach v. Laubach, 2026 PA Super 246. The case came from the Lehigh County Court of Common Pleas.

Paternal grandparents had partial custody of a child after the child's father died. The trial court found the mother in contempt of the custody orders. As a sanction, it gave the grandparents extra Saturdays with the child for three months. It also ordered $500 in counsel fees.

The Superior Court vacated the extra custody time. The custody statute, 23 Pa.C.S. § 5323(g), lists the penalties a court may impose for contempt of a custody order. Extra custody time is not on the list. The court held that awarding custodial time, or any custodial rights, as a contempt sanction violates that section.

The court also pointed out that any custody award must rest on the child's best interests under § 5323(a). In the court's words, a child should not be treated as a pawn or a tool to punish a parent.

The contempt finding itself stood. The case went back to the trial court to choose a penalty the statute allows.

A 50/50 request can belong in front of a judge

On August 12, 2026, the Superior Court decided Randazzo v. Passanita, No. 1489 WDA 2025. A father asked for equal shared custody. The trial court sent the request to a hearing officer over the mother's objection.

The Superior Court held that this was a request about primary physical custody, because granting it would end the mother's primary custody. Under Pennsylvania's custody rules, hearing officers may hear partial custody matters. Primary custody belongs with a judge. The court also held that a judge cannot fix the problem later by reviewing the hearing officer's written record.

What this means for parents in Northampton and Lehigh Counties

• A contempt finding can still cost you money, and in serious cases jail or probation. It should not change the custody schedule by itself.
• If the other parent keeps violating the order, the answer may be a petition to modify custody. That requires a best-interests hearing.
• If you are asking for 50/50 custody, or opposing it, you may be entitled to have a judge hear it.
• An order entered the wrong way can be challenged, but deadlines are short.

Frequently asked questions

Can I lose custody time for violating a custody order in Pennsylvania? Not as a contempt penalty. Under Laubach v. Laubach (Pa. Super. 2026), a court cannot award custody time as a sanction. A court can still change custody after a separate best-interests hearing.

What penalties can a court impose for custody contempt? The penalties are listed in 23 Pa.C.S. § 5323(g). They include a fine, counsel fees and costs, probation, and imprisonment.

Does a hearing officer or a judge decide 50/50 custody in Pennsylvania? A request that would change primary physical custody must be decided by a judge. Randazzo v. Passanita (Pa. Super. 2026) applied that rule to a request for equal shared custody.

Do these rulings apply to grandparents? Yes. Laubach involved grandparents with partial custody.

Aaroe Law Offices, PC represents parents and grandparents in custody matters in Northampton, Lehigh, Monroe, Carbon and Bucks Counties. Call 610-559-7401 or contact us online. This post is general information, not legal advice. Every case depends on its own facts.