1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in children and minors, further
3providing for definitions, for award of custody, for standing
4for partial physical custody and supervised physical custody,
5for effect of adoption and for factors to consider when
6awarding custody; and making an editorial change.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 5322 of Title 23 of the Pennsylvania
10Consolidated Statutes is amended by adding a definition to read:

11§ 5322. Definitions.

12(a) This chapter.--The following words and phrases when used 
13in this chapter shall have the meanings given to them in this 
14subsection unless the context clearly indicates otherwise:

15* * *

16"Sibling." A brother or sister of a child, related to the
17child by blood, adoption or marriage.

18* * *

19Section 2. Sections 5323(b), 5325 and 5326 of Title 23 are

1amended to read:

2§ 5323. Award of custody.

3* * *

4(b) Interim award.--The court may issue an interim award of
5custody to a party who has standing under section 5324 (relating
6to standing for any form of physical custody or legal custody)
7or [5325] 5325(a) (relating to standing for partial physical
8custody and supervised physical custody) in the manner
9prescribed by the Pennsylvania Rules of Civil Procedure
10governing special relief in custody matters.

11* * *

12§ 5325. Standing for partial physical custody and supervised
13physical custody.

14(a) Grandparents and great-grandparents.--In addition to
15situations set forth in section 5324 (relating to standing for
16any form of physical custody or legal custody), grandparents and
17great-grandparents may file an action under this chapter for
18partial physical custody or supervised physical custody in the
19following situations:

20(1) where the parent of the child is deceased, a parent
21or grandparent of the deceased parent may file an action
22under this section;

23(2) where the parents of the child have been separated
24for a period of at least six months or have commenced and
25continued a proceeding to dissolve their marriage; or

26(3) when the child has, for a period of at least 12
27consecutive months, resided with the grandparent or great-
28grandparent, excluding brief temporary absences of the child
29from the home, and is removed from the home by the parents,
30an action must be filed within six months after the removal

1of the child from the home.

2(b) Siblings.--A sibling or, if a sibling is a minor, a
3parent, guardian or legal custodian of the sibling may file an
4action under this chapter for partial physical custody or
5supervised physical custody.

6§ 5326. Effect of adoption.

7Any rights to seek physical custody or legal custody rights
8and any custody rights that have been granted under section 5324
9(relating to standing for any form of physical custody or legal
10custody) or [5325] 5325(a) (relating to standing for partial
11physical custody and supervised physical custody) to a
12grandparent or great-grandparent prior to the adoption of the
13child by an individual other than a stepparent, grandparent or
14great-grandparent shall be automatically terminated upon such
15adoption.

16Section 3. Section 5328(c) of Title 23 is amended and the
17section is amended by adding a subsection to read:

18§ 5328. Factors to consider when awarding custody.

19* * *

20(c) Grandparents and great-grandparents.--

21(1) In ordering partial physical custody or supervised
22physical custody to a party who has standing under section
23[5325(1)] 5325(a)(1) or (2) (relating to standing for partial
24physical custody and supervised physical custody), the court
25shall consider the following:

26(i) the amount of personal contact between the child
27and the party prior to the filing of the action;

28(ii) whether the award interferes with any parent-
29child relationship; and

30(iii) whether the award is in the best interest of

1the child.

2(2) In ordering partial physical custody or supervised
3physical custody to a parent's parent or grandparent who has
4standing under section [5325(3)] 5325(a)(3), the court shall
5consider whether the award:

6(i) interferes with any parent-child relationship;
7and

8(ii) is in the best interest of the child.

9(d) Siblings.--In ordering partial physical custody or
10supervised physical custody to a party who has standing under
11section 5325(b), the court shall consider the following:

12(1) the amount of personal contact between the child and
13the party prior to the filing of the action;

14(2) whether the award interferes with any parent-child
15relationship;

16(3) the age of the party, when partial physical custody
17only is sought by the party;

18(4) whether a voluntary agreement for continuing contact
19exists for the child under Subchapter D of Chapter 27
20(relating to voluntary agreement for continuing contact); and

21(5) whether the award is in the best interest of the
22child.

23Section 4. This act shall take effect in 60 days.