Pennsylvania Act 2018-21 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - STANDING FOR ANY FORM OF PHYSICAL CUSTODY OR LEGAL CUSTODY, STANDING FOR PARTIAL PHYSICAL CUSTODY AND SUPERVISED PHYSICAL CUSTODY AND CONSIDERATION OF CRIMINAL CONVICTION

Act text

Session of 2018

No. 2018-21

SB 844

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, further providing for standing for any form of physical custody or legal custody, for standing for partial physical custody and supervised physical custody and for consideration of criminal conviction.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 5324 of Title 23 of the Pennsylvania Consolidated Statutes is amended by adding paragraphs to read:

§ 5324. Standing for any form of physical custody or legal custody.

The following individuals may file an action under this chapter for any form of physical custody or legal custody:

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(4) Subject to paragraph (5), an individual who establishes by clear and convincing evidence all of the following:

(i) The individual has assumed or is willing to assume responsibility for the child.

(ii) The individual has a sustained, substantial and sincere interest in the welfare of the child. In determining whether the individual meets the requirements of this subparagraph, the court may consider, among other factors, the nature, quality, extent and length of the involvement by the individual in the child's life.

(iii) Neither parent has any form of care and control of the child.

(5) Paragraph (4) shall not apply if:

(i) a dependency proceeding involving the child has been initiated or is ongoing; or

(ii) there is an order of permanent legal custody under 42 Pa.C.S. § 6351(a)(2.1) or (f.1)(3) (relating to disposition of dependent child).

Section 2. Sections 5325(2) and 5329(a) introductory paragraph of Title 23 are amended to read:

§ 5325. Standing for partial physical custody and supervised physical custody.

In addition to situations set forth in section 5324 (relating to standing for any form of physical custody or legal custody), grandparents and great-grandparents may file an action under this chapter for partial physical custody or supervised physical custody in the following situations:

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(2) where the relationship with the child began either with the consent of a parent of the child or under a court order and where the parents of the child [have been separated for a period of at least six months or] :

(i) have commenced [and continued] a proceeding [to dissolve their marriage] for custody; and

(ii) do not agree as to whether the grandparents or great-grandparents should have custody under this section ; or

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§ 5329. Consideration of criminal conviction.

(a) Offenses.--Where a party seeks any form of custody, the court shall consider whether that party or member of that party's household has been convicted of or has pleaded guilty or no contest to any of the offenses in this section or an offense in another jurisdiction substantially equivalent to any of the offenses in this section. The court shall consider such conduct and determine that the party does not pose a threat of harm to the child before making any order of custody to that [parent] party when considering the following offenses:

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Section 3. The addition of 23 Pa.C.S. § 5324(4) and (5) shall apply to all custody proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of this section.

Section 4. This act shall take effect in 60 days.

APPROVED--The 4th day of May, A.D. 2018.

TOM WOLF