PRIOR PRINTER'S NO. 630 PRINTER'S NO. 1291
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, BARRAR, TRUE, STEELMAN,
RAMOS, JAMES, PETIT, GEIST AND ROSS, FEBRUARY 13, 1997
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 2, 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 SECTION 1. SECTION 5301 OF TITLE 23 OF THE PENNSYLVANIA <--
9 CONSOLIDATED STATUTES IS AMENDED TO READ:
10 § 5301. Declaration of policy.
11 The General Assembly declares that it is the public policy of
1 this Commonwealth, when in the best interest of the child, to
2 assure [a]:
3 (1) A reasonable and continuing contact of the child
4 with both parents after a separation or dissolution of the
5 marriage and the sharing of the rights and responsibilities
6 of child rearing by both parents [and continuing].
7 (2) Continuing contact of the child or children with
8 grandparents when [a parent is deceased, divorced or
9 separated] continuing contact is in the best interest of the
10 child and would not interfere with the parent-child
11 relationship.
12 SECTION 2. SECTION 5303 OF TITLE 23 IS AMENDED BY ADDING A <--
13 SUBSECTION TO READ:
14 § 5303. AWARD OF CUSTODY, PARTIAL CUSTODY OR VISITATION.
15 * * *
16 (E) NOTIFICATION OF PUBLIC POLICY.--THE COURT SHALL, UPON
17 MAKING AN AWARD OF CUSTODY, NOTIFY BOTH PARENTS ORALLY AND IN
18 WRITING OF THE PROVISIONS OF SECTION 5301 (RELATING TO
19 DECLARATION OF POLICY). BOTH PARENTS SHALL SIGN AND DATE THE
20 WRITTEN NOTIFICATION, INDICATING AN UNDERSTANDING OF THE SAME.
21 THIS WRITTEN NOTIFICATION SHALL BE MADE A PART OF THE COURT
22 RECORD OF THE CUSTODY PROCEEDING.
23 SECTION 3. SECTIONS 5311, 5312 AND 5314 OF TITLE 23 ARE
24 AMENDED TO READ:
25 § 5311. [When parent deceased] Grandparents.
26 [If a parent of an unmarried child is deceased, the parents
27 or grandparents of the deceased parent] Grandparents and great-
28 grandparents may be granted reasonable [partial custody or]
29 visitation rights[, or both,] to [the] an unmarried child by the
30 court upon a finding that [partial custody or] visitation
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1 rights[, or both,] would be in the best interest of the child
2 and would not interfere with the parent-child relationship. [The
3 court shall consider the amount of personal contact between the
4 parents or grandparents of the deceased parent and the child
5 prior to the application.]
6 § 5312. When [parents'] parents are separated, marriage is
7 dissolved or [parents are separated] parent is
8 deceased.
9 (a) Separation or dissolution.--In all proceedings for
10 dissolution, subsequent to the commencement of the proceeding
11 and continuing thereafter or when parents have been separated
12 for six months or more, the court may, upon application of the
13 parent or grandparent of a party, grant reasonable partial
14 custody or visitation rights, or both, to the unmarried child if
15 it finds that visitation rights or partial custody, or both,
16 would be in the best interest of the child and would not
17 interfere with the parent-child relationship. The court shall
18 consider the amount of personal contact between the parents or
19 grandparents of the party and the child prior to the
20 application.
21 (b) Deceased parent.--If a parent of an unmarried child is
22 deceased, the parents or grandparents of the deceased parent may
23 be granted reasonable partial custody or visitation rights, or
24 both, to the unmarried child by the court upon a finding that
25 partial custody or visitation rights, or both, would be in the
26 best interest of the child and would not interfere with the
27 parent-child relationship. The court shall consider the amount
28 of personal contact between the parents or grandparents of the
29 deceased parent and the child prior to the application.
30 § 5314. Exception for adopted children.
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1 Sections 5311 (relating to [when parent deceased]
2 grandparents), 5312 (relating to when [parents'] parents are
3 separated, marriage is dissolved or [parents are separated]
4 parent is deceased) and 5313 (relating to grandparents may
5 petition) shall not apply if the child has been adopted by [a
6 person other than a stepparent or grandparent] both a new mother
7 and a new father who were previously unrelated to the child. Any
8 visitation rights granted pursuant to this section prior to the
9 adoption of the child shall be automatically terminated upon
10 such adoption.
11 Section 2 4. This act shall take effect in 60 days. <--
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