PRIOR PRINTER'S NOS. 630, 1291 PRINTER'S NO. 2523
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, ROSS, GORDNER AND WASHINGTON,
FEBRUARY 13, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 28, 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. Section 5301 of Title 23 of the Pennsylvania
7 Consolidated Statutes is 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]:
1 (1) A reasonable and continuing contact of the child
2 with both parents after a separation or dissolution of the
3 marriage and the sharing of the rights and responsibilities
4 of child rearing by both parents [and continuing].
5 (2) Continuing contact of the child or children with
6 grandparents when [a parent is deceased, divorced or
7 separated] continuing contact is in the best interest of the
8 child and would not interfere with the parent-child
9 relationship.
10 Section 2. Section 5303 of Title 23 is amended by adding a <--
11 subsection SUBSECTIONS to read: <--
12 § 5303. Award of custody, partial custody or visitation.
13 * * *
14 (B.2) PARENT CONVICTED OF MURDER.-- <--
15 (1) NO COURT SHALL MAKE AN ORDER PROVIDING VISITATION
16 RIGHTS TO A PARENT WHO HAS BEEN CONVICTED OF MURDER IN THE
17 FIRST DEGREE OF THE OTHER PARENT OF THE CHILD WHO IS THE
18 SUBJECT OF THE ORDER, UNLESS SUCH CHILD IS OF SUITABLE AGE
19 AND ASSENTS TO SUCH ORDER.
20 (2) FOR PURPOSES OF THIS SUBSECTION, THE PHRASE "CHILD
21 IS OF SUITABLE AGE" SHALL MEAN THAT AGE AT WHICH THE COURT
22 DETERMINES THAT THE CHILD IS CAPABLE OF MAKING A RATIONAL AND
23 REASONED DECISION RELATING TO THE ISSUE OF VISITATION.
24 * * *
25 (e) Notification of public policy.--The court shall, upon
26 making an award of custody, notify both parents orally and in
27 writing of the provisions of section 5301 (relating to
28 declaration of policy). Both parents shall sign and date the
29 written notification, indicating an understanding of the same.
30 This written notification shall be made a part of the court
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1 record of the custody proceeding.
2 Section 3. Sections 5311, 5312 and 5314 of Title 23 are
3 amended to read:
4 § 5311. [When parent deceased] Grandparents.
5 [If a parent of an unmarried child is deceased, the parents
6 or grandparents of the deceased parent] Grandparents and great-
7 grandparents may be granted reasonable [partial custody or]
8 visitation rights[, or both,] to [the] an unmarried child by the
9 court upon a finding that [partial custody or] visitation
10 rights[, or both,] would be in the best interest of the child
11 and would not interfere with the parent-child relationship. [The
12 court shall consider the amount of personal contact between the
13 parents or grandparents of the deceased parent and the child
14 prior to the application.]
15 § 5312. When [parents'] parents are separated, marriage is
16 dissolved or [parents are separated] parent is
17 deceased.
18 (a) Separation or dissolution.--In all proceedings for
19 dissolution, subsequent to the commencement of the proceeding
20 and continuing thereafter or when parents have been separated
21 for six months or more, the court may, upon application of the
22 parent or grandparent of a party, grant reasonable partial
23 custody or visitation rights, or both, to the unmarried child if
24 it finds that visitation rights or partial custody, or both,
25 would be in the best interest of the child and would not
26 interfere with the parent-child relationship. The court shall
27 consider the amount of personal contact between the parents or
28 grandparents of the party and the child prior to the
29 application.
30 (b) Deceased parent.--If a parent of an unmarried child is
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1 deceased, the parents or grandparents of the deceased parent may
2 be granted reasonable partial custody or visitation rights, or
3 both, to the unmarried child by the court upon a finding that
4 partial custody or visitation rights, or both, would be in the
5 best interest of the child and would not interfere with the
6 parent-child relationship. The court shall consider the amount
7 of personal contact between the parents or grandparents of the
8 deceased parent and the child prior to the application.
9 § 5314. Exception for adopted children.
10 Sections 5311 (relating to [when parent deceased]
11 grandparents), 5312 (relating to when [parents'] parents are
12 separated, marriage is dissolved or [parents are separated]
13 parent is deceased) and 5313 (relating to grandparents may
14 petition) shall not apply if the child has been adopted by [a
15 person other than a stepparent or grandparent] both a new mother
16 and a new father who were previously unrelated to the child. Any
17 visitation rights granted pursuant to this section prior to the
18 adoption of the child shall be automatically terminated upon
19 such adoption.
20 Section 4. This act shall take effect in 60 days. <--
21 SECTION 4. THE AMENDMENT OF 23 PA.C.S. § 5303 SHALL APPLY TO <--
22 ALL ORDERS AFFECTING VISITATION WHICH ARE ENTERED INTO OR
23 MODIFIED ON OR AFTER THE EFFECTIVE DATE OF THIS AMENDATORY ACT.
24 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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