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PRINTER'S NO. 2383
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1768
Session of
2017
INTRODUCED BY YOUNGBLOOD, WATSON, CRUZ, DONATUCCI, CALTAGIRONE,
V. BROWN, O'BRIEN, PICKETT, MILLARD, KINSEY, SOLOMON, WARREN,
McNEILL AND D. COSTA, SEPTEMBER 8, 2017
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 8, 2017
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for definitions, for standing for partial physical custody
and supervised physical custody and for factors to consider
when awarding custody; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5322(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 5322. Definitions.
(a) This chapter.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
* * *
"Sibling." A brother or sister of a child, related to the
child by blood, adoption or marriage.
* * *
Section 2. Sections 5323(b), 5325 and 5326 of Title 23 are
amended to read:
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§ 5323. Award of custody.
* * *
(b) Interim award.--The court may issue an interim award of
custody to a party who has standing under section 5324 (relating
to standing for any form of physical custody or legal custody)
or [5325] 5325(a) (relating to standing for partial physical
custody and supervised physical custody) in the manner
prescribed by the Pennsylvania Rules of Civil Procedure
governing special relief in custody matters.
* * *
§ 5325. Standing for partial physical custody and supervised
physical custody.
(a) Grandparents and great-grandparents.--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:
(1) where the parent of the child is deceased, a parent
or grandparent of the deceased parent may file an action
under this section;
(2) where the parents of the child have been separated
for a period of at least six months or have commenced and
continued a proceeding to dissolve their marriage; or
(3) when the child has, for a period of at least 12
consecutive months, resided with the grandparent or great-
grandparent, excluding brief temporary absences of the child
from the home, and is removed from the home by the parents,
an action must be filed within six months after the removal
of the child from the home.
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(b) Siblings.--A sibling or, if a sibling is a minor, a
parent, guardian or legal custodian of the sibling on the
sibling's behalf, may file an action under this chapter for
partial physical custody or supervised physical custody when the
amount of personal contact between the child and the party prior
to the filing of the action exceeds 12 consecutive months.
§ 5326. Effect of adoption.
Any rights to seek physical custody or legal custody rights
and any custody rights that have been granted under section 5324
(relating to standing for any form of physical custody or legal
custody) or [5325] 5325(a) (relating to standing for partial
physical custody and supervised physical custody) to a
grandparent or great-grandparent prior to the adoption of the
child by an individual other than a stepparent, grandparent or
great-grandparent shall be automatically terminated upon such
adoption.
Section 3. Section 5328(c) of Title 23 is amended and the
section is amended by adding a subsection to read:
§ 5328. Factors to consider when awarding custody.
* * *
(c) Grandparents and great-grandparents.--
(1) In ordering partial physical custody or supervised
physical custody to a party who has standing under section
[5325(1)] 5325(a)(1) or (2) (relating to standing for partial
physical custody and supervised physical custody), the court
shall consider the following:
(i) the amount of personal contact between the child
and the party prior to the filing of the action;
(ii) whether the award interferes with any parent-
child relationship; and
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(iii) whether the award is in the best interest of
the child.
(2) In ordering partial physical custody or supervised
physical custody to a parent's parent or grandparent who has
standing under section [5325(3)] 5325(a)(3), the court shall
consider whether the award:
(i) interferes with any parent-child relationship;
and
(ii) is in the best interest of the child.
(d) Siblings.--In ordering partial physical custody or
supervised physical custody to a party who has standing under
section 5325(b), the court shall consider, in addition to
factors enumerated in subsection (a), the following:
(1) the amount of personal contact between the child and
the party prior to the filing of the action;
(2) whether the award interferes with any parent-child
relationship;
(3) whether a voluntary agreement for continuing contact
exists for the child under Subchapter D of Chapter 27
(relating to voluntary agreement for continuing contact); and
(4) whether the award is in the best interest of the
child.
Section 4. This act shall take effect in 60 days.
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