PRINTER'S NO. 630
No. 565 Session of 1997
INTRODUCED BY D. W. SNYDER, L. I. COHEN, WOGAN, ALLEN,
ARMSTRONG, BAKER, BARD, BATTISTO, BEBKO-JONES, BELARDI,
BELFANTI, BOSCOLA, BROWN, BROWNE, BUNT, BUXTON, CIVERA,
CLYMER, COLAFELLA, CORPORA, DALLY, DeLUCA, DEMPSEY, DENT,
E. Z. TAYLOR, EGOLF, FAIRCHILD, FARGO, FICHTER, GIGLIOTTI,
GODSHALL, GRUITZA, HALUSKA, HARHART, HENNESSEY, HERSHEY,
HESS, HORSEY, ITKIN, JADLOWIEC, JOSEPHS, KAISER, KELLER,
KENNEY, KREBS, LEDERER, LEH, LUCYK, LYNCH, MANDERINO,
MARKOSEK, MARSICO, MELIO, MICHLOVIC, MICOZZIE, MILLER,
NAILOR, OLASZ, RAYMOND, READSHAW, ROBERTS, ROONEY, RUBLEY,
SAINATO, SANTONI, SATHER, SAYLOR, SCHRODER, SCHULER,
SCRIMENTI, SEMMEL, SERAFINI, SHANER, B. SMITH, STABACK,
STERN, SURRA, TANGRETTI, THOMAS, TIGUE, VAN HORNE, WALKO,
WAUGH, WILT, WOJNAROSKI, YOUNGBLOOD AND BARRAR,
FEBRUARY 13, 1997
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 1997
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for visitation
3 rights and partial custody.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 5301, 5311, 5312 and 5314 of Title 23 of
7 the Pennsylvania Consolidated Statutes are amended to read:
8 § 5301. Declaration of policy.
9 The General Assembly declares that it is the public policy of
10 this Commonwealth, when in the best interest of the child, to
11 assure [a]:
12 (1) A reasonable and continuing contact of the child
1 with both parents after a separation or dissolution of the
2 marriage and the sharing of the rights and responsibilities
3 of child rearing by both parents [and continuing].
4 (2) Continuing contact of the child or children with
5 grandparents when [a parent is deceased, divorced or
6 separated] continuing contact is in the best interest of the
7 child and would not interfere with the parent-child
8 relationship.
9 § 5311. [When parent deceased] Grandparents.
10 [If a parent of an unmarried child is deceased, the parents
11 or grandparents of the deceased parent] Grandparents and great-
12 grandparents may be granted reasonable [partial custody or]
13 visitation rights[, or both,] to [the] an unmarried child by the
14 court upon a finding that [partial custody or] visitation
15 rights[, or both,] would be in the best interest of the child
16 and would not interfere with the parent-child relationship. [The
17 court shall consider the amount of personal contact between the
18 parents or grandparents of the deceased parent and the child
19 prior to the application.]
20 § 5312. When [parents'] parents are separated, marriage is
21 dissolved or [parents are separated] parent is
22 deceased.
23 (a) Separation or dissolution.--In all proceedings for
24 dissolution, subsequent to the commencement of the proceeding
25 and continuing thereafter or when parents have been separated
26 for six months or more, the court may, upon application of the
27 parent or grandparent of a party, grant reasonable partial
28 custody or visitation rights, or both, to the unmarried child if
29 it finds that visitation rights or partial custody, or both,
30 would be in the best interest of the child and would not
19970H0565B0630 - 2 -
1 interfere with the parent-child relationship. The court shall
2 consider the amount of personal contact between the parents or
3 grandparents of the party and the child prior to the
4 application.
5 (b) Deceased parent.--If a parent of an unmarried child is
6 deceased, the parents or grandparents of the deceased parent may
7 be granted reasonable partial custody or visitation rights, or
8 both, to the unmarried child by the court upon a finding that
9 partial custody or visitation rights, or both, would be in the
10 best interest of the child and would not interfere with the
11 parent-child relationship. The court shall consider the amount
12 of personal contact between the parents or grandparents of the
13 deceased parent and the child prior to the application.
14 § 5314. Exception for adopted children.
15 Sections 5311 (relating to [when parent deceased]
16 grandparents), 5312 (relating to when [parents'] parents are
17 separated, marriage is dissolved or [parents are separated]
18 parent is deceased) and 5313 (relating to grandparents may
19 petition) shall not apply if the child has been adopted by [a
20 person other than a stepparent or grandparent] both a new mother
21 and a new father who were previously unrelated to the child. Any
22 visitation rights granted pursuant to this section prior to the
23 adoption of the child shall be automatically terminated upon
24 such adoption.
25 Section 2. This act shall take effect in 60 days.
A29L23WMB/19970H0565B0630 - 3 -