act-1990-0-51•Pennsylvania Act 1990-51 — DOMESTIC RELATIONS (23 PA.C.S.) - AMEND CUSTODY AND VISITATION
Pennsylvania Act 1990-51 — DOMESTIC RELATIONS (23 PA.C.S.) - AMEND CUSTODY AND VISITATION
act-1990-0-511990 Pa. Act 51Law
Act text
DOMESTIC RELATIONS (23 PA.C.S.) - AMEND CUSTODY AND VISITATION
Act of Jun. 13, 1990, P.L. 230, No. 51 Cl. 23
Session of 1990
No. 1990-51
AN ACT
HB 1781
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, further providing for custody and
visitation in certain cases.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5303 of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5303. Award of [sole] custody, partial custody or
visitation.
(a) General rule.--In making an order for custody, partial
custody or visitation to either parent [individually], the court
shall consider, among other factors, which parent is more likely
to encourage, permit and allow frequent and continuing contact
and physical access between the noncustodial parent and the
child. [The court shall award sole custody when it is in the
best interest of the child.] In addition, the court shall
consider each parent and adult household member's present and
past violent or abusive conduct which may include, but is not
limited to, abusive conduct as defined under the act of October
7, 1976 (P.L.1090, No.218), known as the Protection From Abuse
Act.
(b) Consideration of criminal conviction.--If a parent has
been convicted of or has pleaded guilty or no contest to an
offense as set forth below, the court shall consider such
criminal conduct and shall determine that the parent does not
pose a threat of harm to the child before making an order of
custody, partial custody or visitation to that parent:
(1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide);
(2) 18 Pa.C.S. § 2901 (relating to kidnapping);
(3) 18 Pa.C.S. § 2902 (relating to unlawful restraint);
(4) 18 Pa.C.S. § 3121 (relating to rape);
(5) 18 Pa.C.S. § 3122 (relating to statutory rape);
(6) 18 Pa.C.S. § 3123 (relating to involuntary deviate
sexual intercourse);
(7) 18 Pa.C.S. § 3126 (relating to indecent assault);
(8) 18 Pa.C.S. § 4302 (relating to incest);
(9) 18 Pa.C.S. § 4304 (relating to endangering welfare
of children);
(10) 18 Pa.C.S. § 5902(b) (relating to prostitution and
related offenses); or
(11) 18 Pa.C.S. § 6312 (relating to sexual abuse of
children).
(c) Counseling.--In making a determination to award custody,
partial custody or visitation pursuant to subsection (b), the
court shall appoint a qualified professional to provide
counseling to an offending parent described in subsection (b)
and shall take testimony from that professional regarding the
provision of such counseling prior to issuing any order of
custody, partial custody or visitation. Counseling, required in
accordance with this subsection, shall include a program of
treatment or individual therapy designed to rehabilitate a
parent which addresses, but is not limited to, issues regarding
physical and sexual abuse, domestic violence, the psychology of
the offender and the effects of abuse on the victim. If the
court awards custody, partial custody or visitation to an
offending parent described in subsection (b), the court may
require subsequent periodic counseling and reports on the
rehabilitation of the offending parent and the well-being of the
child following an order relating to custody, partial custody or
visitation. If, upon review of a subsequent report or reports,
the court determines that the offending parent poses a threat of
harm to the child, the court may schedule a hearing and modify
the order of custody or visitation to protect the well-being of
the child.
(d) Sole custody.--The court shall award sole custody when
it is in the best interest of the child.
Section 2. This act shall apply to actions under 23 Pa.C.S.
Ch. 53 (relating to custody) which are commenced on or after the
effective date of this act regardless of when the abuse or
offense took place.
Section 3. This act shall take effect in 60 days.
APPROVED--The 13th day of June, A. D. 1990.
ROBERT P. CASEY
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