PRIOR PRINTER'S NO. 453                       PRINTER'S NO. 1059

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 434 Session of 1995


        INTRODUCED BY GREENLEAF, BAKER, BELL, BODACK, GERLACH, DAWIDA,
           HELFRICK, LEMMOND, LOEPER, SHUMAKER, STOUT, SCHWARTZ, WAGNER,
           WENGER AND ANDREZESKI, FEBRUARY 9, 1995

        SENATOR GREENLEAF, JUDICIARY, AS AMENDED, MAY 2, 1995

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, further providing for custody when      <--
     3     children have resided with grandparents PETITION FOR CUSTODY   <--
     4     BY GRANDPARENTS.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 5313 of Title 23 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 5313.  When [child has resided with] grandparents MAY           <--
    10             PETITION.
    11     (a)  Partial custody and visitation.--If an unmarried child
    12  has resided with his grandparents or great-grandparents for a
    13  period of 12 months or more and is subsequently removed from the
    14  home by his parents, the grandparents or great-grandparents may
    15  petition the court for an order granting them reasonable partial
    16  custody or visitation rights, or both, to the child. The court
    17  shall grant the petition if it finds that visitation rights
    18  would be in the best interest of the child and would not


     1  interfere with the parent-child relationship.
     2     (b)  Physical and legal custody.--A grandparent has standing
     3  to bring a petition for physical and legal custody of a
     4  grandchild. If it is in the best interest of the child not to be
     5  in the custody of either parent and if it is in the best
     6  interest of the child to be in the custody of the grandparent,
     7  the court may award physical and legal custody to the
     8  grandparent. This subsection applies to a grandparent:
     9         (1)  who has genuine care and concern for the child;
    10         (2)  whose relationship with the child began with the
    11     consent of a parent of the child or pursuant to an order of
    12     court; and
    13         (3)  who has assumed the role and responsibilities of the
    14     child's parent, providing for the physical, emotional and
    15     social needs of the child, or who deems it is necessary to
    16     assume the role and responsibilities of the child's parent
    17     due to physical or sexual abuse or neglect, or parental
    18     dysfunction, such as drug or alcohol abuse or emotional or
    19     mental illness or instability.
    20     Section 2.  This act shall take effect in 60 days.







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