PRINTER'S NO. 1662
No. 1486 Session of 1993
INTRODUCED BY ARMSTRONG, FAJT, MILLER, KUKOVICH, FARGO, PETRONE,
MARKOSEK, ALLEN, LAWLESS, PESCI, SAURMAN, LAUGHLIN, PETRARCA,
SCHULER, HALUSKA, KENNEY, STEIGHNER, S. H. SMITH, COY,
CLYMER, RUDY, LEH, WOZNIAK, CIVERA, MIHALICH, SAYLOR,
PHILLIPS, FLICK, EVANS, TRUE, LYNCH, ZUG, CALTAGIRONE,
PICCOLA, ADOLPH, STAIRS, STERN, CLARK, PITTS, MELIO,
GODSHALL, COLAIZZO, BUSH, STISH, MASLAND, HENNESSEY, HERSHEY,
SCHEETZ, DALEY, STEELMAN, BOYES, KING, GIGLIOTTI, GERLACH,
BIRMELIN, BARLEY, MURPHY, GAMBLE, TRELLO, ROHRER, BAKER,
NICKOL, RAYMOND, GRUPPO, EGOLF, E. Z. TAYLOR, M. N. WRIGHT,
FLEAGLE, TOMLINSON, DURHAM, STRITTMATTER, RYAN, DeLUCA,
MICOZZIE, McCALL, PERZEL, TIGUE, ARGALL, SEMMEL, BROWN,
GEIST, ITKIN, KREBS, CARONE, HANNA, D. W. SNYDER AND CORNELL,
MAY 3, 1993
REFERRED TO COMMITTEE ON AGING AND YOUTH, MAY 3, 1993
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for visitation
3 rights and partial custody; and making repeals.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 5301 and 5311 of Title 23 of the
7 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 reasonable and continuing contact of the child with
12 both parents after a separation or dissolution of the marriage
1 and the sharing of the rights and responsibilities of child
2 rearing by both parents and continuing contact of the child or
3 children with grandparents when [a parent is deceased, divorced
4 or separated] continuing contact is in the best interest of the
5 child.
6 § 5311. [When parent deceased] Grandparents.
7 [If a parent of an unmarried child is deceased, the parents
8 or grandparents of the deceased parent] (a) General rule.--
9 Grandparents may be granted reasonable partial custody or
10 visitation rights, or both, to [the] an unmarried child by the
11 court upon a finding that partial custody or visitation rights,
12 or both, would be in the best interest of the child and would
13 not interfere with the parent-child relationship[. The court
14 shall consider the amount of personal contact between the
15 parents or grandparents of the deceased parent and the child
16 prior to the application.] and one or more of the following
17 conditions apply:
18 (1) The parents are not currently cohabiting on a
19 permanent or an indefinite basis.
20 (2) One of the parents has been absent from the marital
21 abode for more than one month without the spouse knowing his
22 or her whereabouts.
23 (3) One of the parents is deceased.
24 (4) One of the parents joins in the petition with the
25 grandparents.
26 (b) Personal contact.--In making a determination of partial
27 custody or visitation, the court shall consider the amount of
28 personal contact between the grandparents and the child prior to
29 the application.
30 (c) Expedited resolution of petition.--The court shall
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1 establish a procedure for early, expedited and meaningful
2 resolution of petitions for visitation rights or partial custody
3 filed by grandparents.
4 (d) Interference prohibited.--A parent shall not interfere
5 with visitation rights or partial custody granted by the court
6 to grandparents.
7 (e) Modification of order.--Whenever it is in the best
8 interest of the unmarried child, the court may modify an order
9 granting or denying visitation rights or partial custody to the
10 grandparents.
11 Section 2. Title 23 is amended by adding a section to read:
12 § 5311.1. Notice to grandparents.
13 (a) General rule.--Upon presentation of a petition prepared
14 under section 2701 (relating to contents of petition for
15 adoption), the court shall provide notice to grandparents having
16 partial custody or visitation rights under section 5311
17 (relating to grandparents).
18 (b) Contents of notice.--The notice to the grandparents
19 shall state the following:
20 To: (insert grandparent's name)
21 A petition has been filed with the court requesting the
22 adoption of your grandchild (insert grandchild's name) by
23 (insert petitioner's name). The court has set a hearing
24 to consider the adoption. The hearing will be held
25 (insert place, giving reference to exact room and
26 building number of designation) on (insert date) at
27 (insert time). If the court should decide to allow this
28 adoption, your partial custody or visitation rights under
29 section 5311 (relating to grandparents) may be
30 terminated.
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1 Section 3. Sections 5312 and 5313 of Title 23 are repealed.
2 Section 4. Section 5314 of Title 23 is amended to read:
3 [§ 5314. Exception for adopted children.
4 Sections 5311 (relating to when parent deceased), 5312
5 (relating to when parents' marriage is dissolved or parents are
6 separated) and 5313 (relating to when child has resided with
7 grandparents) shall not apply if the child has been adopted by a
8 person other than a stepparent or grandparent. Any visitation
9 rights granted pursuant to this section prior to the adoption of
10 the child shall be automatically terminated upon such adoption.]
11 § 5314. Exceptions.
12 (a) Circumstances enumerated.--Section 5311 (relating to
13 grandparents) shall not apply in any one or more of the
14 following circumstances:
15 (1) The paternity of the putative father has not been
16 legally established and the putative father's parents are the
17 petitioners.
18 (2) Legal custody has been voluntarily surrendered by
19 the parent or parents, except for a surrender to a county
20 children and youth agency or child protective services
21 agency.
22 (3) The unmarried child who is the subject of the
23 grandparents' petition has been previously adopted by an
24 individual or individuals not related to the biological
25 grandparents of the child.
26 (4) The parent with primary physical custody of the
27 unmarried child is the son or daughter of the petitioner,
28 unless the court finds, after a hearing, that the child's
29 best interests will be served by granting visitation rights
30 or partial custody to the grandparents.
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1 (b) Termination of rights upon adoption.--Any visitation
2 rights granted under this section prior to the adoption of the
3 child shall be automatically terminated upon such adoption.
4 Section 5. This act shall take effect in 60 days.
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