PRINTER'S NO. 636
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
585
Session of
2017
INTRODUCED BY GILLESPIE, DRISCOLL, PICKETT, WARD, SNYDER, BAKER,
STEPHENS, NEILSON, V. BROWN, HICKERNELL, IRVIN, MILLARD,
A. HARRIS, RADER, PEIFER, DeLUCA, READSHAW, WATSON, FREEMAN,
KORTZ, D. COSTA, ZIMMERMAN, HILL-EVANS AND GILLEN,
FEBRUARY 24, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2017
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5324(3) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 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:
* * *
(3) A grandparent of the child who is not in loco
parentis to the child:
(i) whose relationship with the child began either
with the consent of a parent of the child or under a
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court order;
(ii) who assumes or is willing to assume
responsibility for the child; and
(iii) when one of the following conditions is met:
(A) the child has been determined to be a
dependent child under 42 Pa.C.S. Ch. 63 (relating to
juvenile matters);
(B) the child is substantially at risk due to
parental abuse, neglect, drug or alcohol abuse or
incapacity; [or]
(C) the child has, for a period of at least 12
consecutive months, resided with the grandparent,
excluding brief temporary absences of the child from
the home, and is removed from the home by the
parents, in which case the action must be filed
within six months after the removal of the child from
the home[.]; or
(D) either:
(I) currently has any form of custody of a
child related by blood, adoption or marriage to
the child for whom the grandparent is seeking
custody; or
(II) previously had standing under this
section to bring an action for custody of a child
who is currently 18 years of age or older and
related by blood, adoption or marriage to the
child for whom the grandparent is seeking
custody.
Section 2. This act shall take effect in 60 days.
20170HB0585PN0636 - 2 -
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