PRINTER'S NO. 64
No. 74 Session of 2005
INTRODUCED BY GREENLEAF, RAFFERTY, WONDERLING, KITCHEN,
TARTAGLIONE AND BOSCOLA, JANUARY 31, 2005
REFERRED TO JUDICIARY, JANUARY 31, 2005
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for child custody.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 4346 and Chapter 53 of Title 23 of the
6 Pennsylvania Consolidated Statutes are repealed.
7 Section 2. Title 23 is amended by adding a chapter to read:
8 CHAPTER 53
9 CHILD CUSTODY
10 Sec.
11 5321. Scope.
12 5322. Definitions.
13 5323. Award of custody or visitation.
14 5324. Standing for any form of physical custody, legal
15 custody or visitation.
16 5325. Standing for partial physical custody and visitation.
17 5326. Effect of adoption.
1 5327. Presumption in cases concerning primary physical
2 custody.
3 5328. Factors to consider when awarding custody.
4 5329. Consideration of criminal conviction.
5 5330. Consideration of criminal charge.
6 5331. Parenting plan.
7 5332. Informational programs.
8 5333. Counseling as part of order.
9 5334. Guardian ad litem for child.
10 5335. Counsel for child.
11 5336. Access to records and information.
12 5337. Relocation.
13 5338. Modification of existing order.
14 5339. Award of counsel fees, costs and expenses.
15 § 5321. Scope.
16 This chapter applies to disputes relating to child custody
17 and visitation matters.
18 § 5322. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Abuse." As defined in section 6102 (relating to
23 definitions).
24 "Adult." An individual 18 years of age or older.
25 "Agency." Any organization, society, institution or other
26 entity, including the county children and youth social service
27 agency or court facility, which provides for the care of the
28 child.
29 "Child." An unemancipated individual under 18 years of age.
30 "Legal custody." The right to make major decisions on behalf
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1 of the child, including, but not limited to, medical, religious
2 and educational decisions.
3 "Parental duties." Includes meeting the physical, emotional
4 and social needs of the child.
5 "Partial physical custody." The right to assume physical
6 custody of the child for less than a majority of the time.
7 "Physical custody." The actual physical possession and
8 control of a child.
9 "Primary physical custody." The right to assume physical
10 custody of the child for the majority of time.
11 "Relocation." A change in a residence of the child which
12 significantly impairs the ability of a nonrelocating party to
13 exercise custodial rights.
14 "Shared legal custody." The right of more than one
15 individual to legal custody of the child.
16 "Shared physical custody." The right of more than one
17 individual to assume physical custody of the child, each having
18 approximately the same amount of physical custodial time with
19 the child.
20 "Sole legal custody." The right of one individual to
21 exclusive legal custody of the child.
22 "Sole physical custody." The right of one individual to
23 exclusive physical custody of the child.
24 "Supervised visitation." Visitation in which an agency or an
25 adult designated by the court or agreed upon by the parties
26 monitors the interaction between the child and the individual
27 with visitation rights.
28 "Visitation." The right to spend time with the child but not
29 the right to remove the child from the care or control of a
30 custodial party.
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1 § 5323. Award of custody or visitation.
2 (a) Types of award.--After considering the factors set forth
3 in section 5328 (relating to factors to consider when awarding
4 custody), the court may award any of the following types of
5 custody and visitation if it is in the best interest of the
6 child:
7 (1) Sole legal custody.
8 (2) Shared legal custody.
9 (3) Sole physical custody.
10 (4) Shared physical custody.
11 (5) Primary physical custody.
12 (6) Partial physical custody.
13 (7) Visitation.
14 (8) Supervised visitation.
15 (b) Interim award.--The court may issue an interim award of
16 custody or visitation to a party who has standing under section
17 5324 (relating to standing for any form of physical custody,
18 legal custody or visitation) or 5325 (relating to standing for
19 partial physical custody and visitation), in the manner
20 prescribed by the Pennsylvania Rules of Civil Procedure
21 governing special relief in custody and visitation matters.
22 (c) Notice.--Any custody or visitation order shall include
23 notice of a party's obligations under section 5337 (relating to
24 relocation).
25 (d) Enforcement.--In awarding custody or visitation, the
26 court shall specify the terms and conditions of the award in
27 sufficient detail to enable a party to enforce the court order
28 through law enforcement authorities.
29 (e) Contempt for noncompliance with any custody or
30 visitation order.--
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1 (1) A party who willfully fails to comply with any
2 custody or visitation order may, as prescribed by general
3 rule, be adjudged in contempt. Contempt shall be punishable
4 by any one or more of the following:
5 (i) Imprisonment for a period of not more than six
6 months.
7 (ii) A fine of not more than $500.
8 (iii) Probation for a period of not more than six
9 months.
10 (iv) An order for nonrenewal, suspension or denial
11 of operating privilege pursuant to section 4355 (relating
12 to denial or suspension of licenses).
13 (v) Counsel fees and costs.
14 (2) An order committing an individual to jail under this
15 section shall specify the condition which, when fulfilled,
16 will result in the release of that individual.
17 (f) Parties in same residence.--Parties living separate and
18 apart in the same residence may seek relief under this chapter,
19 but any custody or visitation order made under such a
20 circumstance shall be effective only upon:
21 (1) one party physically vacating the residence; or
22 (2) an order awarding one party exclusive possession of
23 the residence.
24 § 5324. Standing for any form of physical custody, legal
25 custody or visitation.
26 The following individuals may file an action under this
27 chapter for any form of physical custody, legal custody or
28 visitation:
29 (1) A parent of the child.
30 (2) A person who stands in loco parentis to the child.
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1 (3) A grandparent of the child who is not in loco
2 parentis to the child:
3 (i) whose relationship with the child began either
4 with the consent of a parent of the child or pursuant to
5 a court order;
6 (ii) who assumes or is willing to assume
7 responsibility for the child; and
8 (iii) when one of the following conditions is met:
9 (A) the child has been determined to be a
10 dependent child pursuant to 42 Pa.C.S. Ch. 63
11 (relating to juvenile matters);
12 (B) the child is substantially at risk due to
13 parental abuse, neglect, drug or alcohol abuse or
14 incapacity; or
15 (C) the child has for a period of at least 12
16 consecutive months resided with the grandparent,
17 excluding brief temporary absences of the child from
18 the home, and is removed from the home by the
19 parents, in which case the action must be filed
20 within six months after the removal of the child from
21 the home.
22 § 5325. Standing for partial physical custody and visitation.
23 In addition to situations set forth in section 5324 (relating
24 to standing for any form of physical custody, legal custody or
25 visitation), grandparents and great-grandparents may file an
26 action under this chapter for partial physical custody or
27 visitation in the following situations:
28 (1) where the parent of the child is deceased, a parent
29 or grandparent of the deceased parent may file an action
30 under this section;
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1 (2) where the parents of the child have been separated
2 for a period of at least six months or have commenced and
3 continued a proceeding to dissolve their marriage; or
4 (3) when the child has for a period of at least 12
5 consecutive months resided with the grandparent or great-
6 grandparent, excluding brief temporary absences of the child
7 from the home, and is removed from the home by the parents,
8 an action must be filed within six months after the removal
9 of the child from the home.
10 § 5326. Effect of adoption.
11 Any rights to seek physical custody, legal custody or
12 visitation rights and any custody or visitation rights that have
13 been granted under section 5324 (relating to standing for any
14 form of physical custody, legal custody or visitation) or 5325
15 (relating to standing for partial physical custody and
16 visitation) to a grandparent or great-grandparent prior to the
17 adoption of the child by an individual other than a stepparent,
18 grandparent or great-grandparent shall be automatically
19 terminated upon such adoption.
20 § 5327. Presumption in cases concerning primary physical
21 custody.
22 (a) Between parents.--In any action regarding the custody of
23 the child between the parents of the child, there shall be no
24 presumption that custody should be awarded to a particular
25 parent.
26 (b) Between a parent and third party.--In any action
27 regarding the custody of the child between a parent of the child
28 and a nonparent, there shall be a presumption that custody shall
29 be awarded to the parent. The presumption in favor of the parent
30 may be rebutted by clear and convincing evidence.
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1 (c) Between third parties.--In any action regarding the
2 custody of the child between a nonparent and another nonparent,
3 there shall be no presumption that custody should be awarded to
4 a particular party.
5 § 5328. Factors to consider when awarding custody.
6 (a) Factors.--In ordering any form of custody or visitation,
7 the court shall determine the best interest of the child by
8 considering all relevant factors, including the following:
9 (1) Which party is more likely to encourage and permit
10 frequent and continuing contact between the child and another
11 party.
12 (2) The parental duties performed by each party on
13 behalf of the child.
14 (3) The need for stability and continuity in the child's
15 education, family life and community life.
16 (4) The availability of extended family.
17 (5) The child's sibling relationships.
18 (6) The present and past abuse committed by a party or
19 member of the party's household.
20 (7) The well-reasoned preference of the child, based on
21 the child's maturity and judgment.
22 (8) The attempts of a parent to turn the child against
23 the other parent.
24 (9) Which party is more likely to maintain a loving,
25 stable, consistent and nurturing relationship with the child
26 adequate for the child's emotional needs.
27 (10) Which party is more likely to attend to the daily
28 physical, emotional, developmental, educational and special
29 needs of the child.
30 (11) The proximity of the residences of the parties.
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1 (12) Each party's availability to care for the child or
2 ability to make appropriate child care arrangements.
3 (13) The level of conflict between the parties and the
4 willingness and ability of the parties to cooperate with one
5 another.
6 (14) The history of drug or alcohol abuse of a party or
7 member of a party's household.
8 (15) The mental and physical condition of a party or
9 member of a party's household.
10 (16) Any other relevant factor.
11 (b) Grandparents and great-grandparents.--
12 (1) In ordering partial physical custody or visitation
13 to a party who has standing under section 5325(a)(1) or (2)
14 (relating to standing for partial physical custody and
15 visitation), the court shall consider the following:
16 (i) the amount of personal contact between the child
17 and the party prior to the filing of the action;
18 (ii) whether the award interferes with any parent-
19 child relationship; and
20 (iii) whether the award is in the best interest of
21 the child.
22 (2) In ordering partial physical custody or visitation
23 to a parent's parent or grandparent who has standing under
24 section 5325(a)(3), the court shall consider whether the
25 award:
26 (i) interferes with any parent-child relationship;
27 and
28 (ii) is in the best interest of the child.
29 § 5329. Consideration of criminal conviction.
30 (a) Offenses.--Where a party seeks any form of custody or
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1 visitation, the court shall consider whether that party or
2 member of that party's household has been convicted of or has
3 pleaded guilty or no contest to any of the following offenses:
4 (1) 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
5 (2) 18 Pa.C.S. § 2702 (relating to aggravated assault).
6 (3) 18 Pa.C.S. § 2706 (relating to terroristic threats).
7 (4) 18 Pa.C.S. § 2709.1 (relating to stalking).
8 (5) 18 Pa.C.S. § 2901 (relating to kidnapping).
9 (6) 18 Pa.C.S. § 2902 (relating to unlawful restraint).
10 (7) 18 Pa.C.S. § 2903 (relating to false imprisonment).
11 (8) 18 Pa.C.S. § 3121 (relating to rape).
12 (9) 18 Pa.C.S. § 3122.1 (relating to statutory sexual
13 assault).
14 (10) 18 Pa.C.S. § 3123 (relating to involuntary deviate
15 sexual intercourse).
16 (11) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
17 (12) 18 Pa.C.S. § 3125 (relating to aggravated indecent
18 assault).
19 (13) 18 Pa.C.S. § 3126 (relating to indecent assault).
20 (14) 18 Pa.C.S. § 3127 (relating to indecent exposure).
21 (15) 18 Pa.C.S. § 3301 (relating to arson and related
22 offenses).
23 (16) 18 Pa.C.S. § 4302 (relating to incest).
24 (17) 18 Pa.C.S. § 4304 (relating to endangering welfare
25 of children).
26 (18) 18 Pa.C.S. § 5902(b) (relating to prostitution and
27 related offenses).
28 (19) 18 Pa.C.S. § 6312 (relating to sexual abuse of
29 children).
30 (20) 23 Pa.C.S. § 6114 (relating to contempt for
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1 violation of order or agreement).
2 (21) The former 75 Pa.C.S. § 3731 (relating to driving
3 under influence of alcohol or controlled substance).
4 (22) 75 Pa.C.S. Ch. 38 (relating to driving after
5 imbibing alcohol or utilizing drugs).
6 (23) Section 13(a)(1) of the act of April 14, 1972
7 (P.L.233, No.64), known as The Controlled Substance, Drug,
8 Device and Cosmetic Act, to the extent that it prohibits the
9 manufacture, sale or delivery, holding, offering for sale or
10 possession of any controlled substance or other drug or
11 device.
12 (b) Parent convicted of murder.--No court shall award
13 custody, partial custody or visitation to a parent who has been
14 convicted of murder under 18 Pa.C.S. § 2502(a) (relating to
15 murder) of the other parent of the child who is the subject of
16 the order unless the child is of suitable age and consents to
17 the order.
18 (c) Initial evaluation.--The court shall provide for an
19 evaluation to determine whether:
20 (1) the party or household member who committed an
21 offense under subsection (a) poses a threat to the child; and
22 (2) counseling is necessary for that party or household
23 member.
24 (d) Counseling.--
25 (1) Where the court determines under subsection (c) that
26 counseling is necessary, it shall appoint a qualified
27 professional specializing in treatment relating to the
28 particular offense to provide counseling to the offending
29 individual.
30 (2) Counseling may include a program of treatment or
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1 individual therapy designed to rehabilitate the offending
2 individual which addresses, but is not limited to, issues
3 regarding physical and sexual abuse, the psychology of the
4 offender and the effects of the offense on the victim.
5 (e) Subsequent evaluation.--
6 (1) At any time during or subsequent to the counseling
7 under subsection (d), the court may require another
8 evaluation to determine whether further counseling is
9 necessary.
10 (2) If the court awards custody or visitation to a party
11 who committed an offense under subsection (a) or who shares a
12 household with an individual who committed an offense under
13 subsection (a), the court may require subsequent evaluations
14 on the rehabilitation of the offending individual and the
15 well-being of the child subsequent to the order. If upon
16 review of a subsequent evaluation the court determines that
17 the offending individual poses a threat of physical,
18 emotional or psychological harm to the child, the court may
19 schedule a hearing to modify the custody or visitation order.
20 (f) Costs.--The court may order a party to pay all or part
21 of the costs of the counseling and evaluations under this
22 section.
23 § 5330. Consideration of criminal charge.
24 (a) Expedited hearing.--A party who has obtained information
25 under 42 Pa.C.S. § 1904 (relating to availability of criminal
26 charge information in child custody proceedings) or otherwise
27 about a charge filed against the other party for an offense
28 listed under section 5329(a) (relating to consideration of
29 criminal conviction) may move for a temporary custody or
30 visitation order or modification of an existing custody or
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1 visitation order. The court shall hold the hearing under this
2 subsection in an expeditious manner.
3 (b) Risk of harm.--In evaluating any request under
4 subsection (a), the court shall consider whether the party who
5 is or has been charged with an offense set forth in section
6 5329(a) poses a risk of physical, emotional or psychological
7 harm to the child.
8 (c) No prejudice.--Failure to either apply for information
9 under 42 Pa.C.S. § 1904 or act under this section shall not
10 prejudice any party in a custody or visitation proceeding.
11 § 5331. Parenting plan.
12 (a) Purpose.--In a contested custody proceeding, the court
13 shall require the parties to submit parenting plans for the care
14 and custody of the child, to aid the court in resolving the
15 custody dispute. A parenting plan and the position of a party as
16 set forth in that parenting plan shall not be admissible as
17 evidence by another party.
18 (b) Contents.--A parenting plan shall include the following:
19 (1) The schedule for personal care and control of the
20 child, including parenting time, holidays and vacations.
21 (2) The education and religious involvement, if any, of
22 the child.
23 (3) The health care of the child.
24 (4) Child-care arrangements.
25 (5) Transportation arrangements.
26 (6) A procedure by which proposed changes, disputes and
27 alleged breaches of the custody order may be adjudicated or
28 otherwise resolved through mediation, arbitration or other
29 means.
30 (7) Any matter specified by the court.
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1 (8) Any other matter that serves the best interest of
2 the child.
3 § 5332. Informational programs.
4 (a) Attendance.--The court may direct the parties to attend
5 informational programs concerning parental duties.
6 (b) Process not delayed.--Subsequent proceedings and the
7 entry of any order or decree shall not be delayed because of the
8 lack of participation in any informational program by one of the
9 parties.
10 (c) Costs.--The court may order a party to pay all or part
11 of the costs of the informational programs under this section.
12 § 5333. Counseling as part of order.
13 (a) Attendance.--The court may, as part of a custody or
14 visitation order, require the parties to attend counseling
15 sessions.
16 (b) Abuse.--In situations involving abuse, the court may
17 order individual counseling for the abuser.
18 (c) Verification.--Each party's participation in the
19 counseling sessions shall be verified by the counselor.
20 (d) Costs.--The court may order a party to pay all or part
21 of the costs of the counseling sessions under this section.
22 § 5334. Guardian ad litem for child.
23 (a) Appointment.--The court may appoint a guardian ad litem
24 for the child. The court shall specify the terms of the
25 appointment, including the role, duties and scope of authority
26 of the guardian ad litem.
27 (b) Investigation and report.--The guardian ad litem shall
28 investigate and report to the court information relevant to the
29 custody or visitation proceeding.
30 (c) Abuse.--If substantial allegations of abuse of the child
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1 are made, the court shall appoint a guardian ad litem for the
2 child if:
3 (1) counsel for the child is not appointed under section
4 5335 (relating to counsel for child); or
5 (2) the court is satisfied that the relevant information
6 will be presented to the court only with such appointment.
7 (d) Subject to examination.--A guardian ad litem who submits
8 a report or makes a recommendation to the court shall be subject
9 to examination by the parties.
10 (e) Costs.--The court may order a party to pay all or part
11 of the costs of appointing a guardian ad litem under this
12 section.
13 § 5335. Counsel for child.
14 (a) Appointment.--The court may appoint counsel to represent
15 the child if the court determines that the appointment will
16 assist in resolving the issues in the custody or visitation
17 proceeding.
18 (b) Abuse.--Substantial allegations of abuse of the child
19 constitute a reasonable basis for appointing counsel for the
20 child.
21 (c) Not subject to examination.--Counsel appointed by the
22 court for the child shall not be subject to examination unless
23 such counsel testifies in the matter.
24 (d) Costs.--The court may order a party to pay all or part
25 of the costs of appointing counsel for the child under this
26 section.
27 § 5336. Access to records and information.
28 (a) General rule.--Except as provided in subsections (b) and
29 (c):
30 (1) A parent or party granted custody or visitation
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1 under section 5323 (relating to award of custody or
2 visitation) shall be provided access to:
3 (i) the medical, dental, religious and school
4 records of the child;
5 (ii) the address of the child and any other party;
6 and
7 (iii) any other information that the court deems
8 necessary or proper.
9 (2) Upon request, a parent, party or entity possessing
10 any information set forth in paragraph (1) shall provide it
11 to any parent or party granted custody or visitation.
12 (b) Nondisclosure of confidential information.--The court
13 shall not order the disclosure of any of the following
14 information to any parent or party granted custody or
15 visitation:
16 (1) The address of a victim of abuse.
17 (2) Confidential information from an abuse counselor or
18 shelter.
19 (3) Information independently protected from disclosure
20 by the child's right to confidentiality under the act of July
21 9, 1976 (P.L.817, No.143), known as the Mental Health
22 Procedures Act, or any other statute.
23 (c) Other information.--The court may determine not to
24 release information set forth in subsection (a), in which case
25 it shall state the reason for its denial on the record.
26 § 5337. Relocation.
27 (a) Applicability.--This section applies to any proposed
28 relocation.
29 (b) General rule.--No relocation shall occur unless:
30 (1) every individual who has custody or visitation
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1 rights to the child consents to the proposed relocation; or
2 (2) the court approves the proposed relocation.
3 (c) Notice.--
4 (1) The party proposing the relocation shall notify
5 every other individual who has custody or visitation rights
6 to the child.
7 (2) Reasonable notice shall be given no later than:
8 (i) the 60th day before the date of the proposed
9 relocation; or
10 (ii) the 10th day after the date that the individual
11 knows of the relocation, if:
12 (A) the individual did not know and could not
13 reasonably have known of the relocation in sufficient
14 time to comply with the 60-day notice; and
15 (B) it is not reasonably possible to delay the
16 date of relocation so as to comply with the 60-day
17 notice.
18 (3) Except as provided by section 5336 (relating to
19 access to records and information), the following
20 information, if available, must be included with the notice
21 of the proposed relocation:
22 (i) The address of the intended new residence.
23 (ii) The mailing address, if not the same as the
24 address of the intended new residence.
25 (iii) The home telephone number of the intended new
26 residence.
27 (iv) The name of the new school district and school.
28 (v) The date of the proposed relocation.
29 (vi) The reasons for the proposed relocation.
30 (vii) A proposal for a revised custody or visitation
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1 schedule.
2 (viii) Any other information which the party
3 proposing the relocation deems appropriate.
4 (ix) A warning to the nonrelocating party that if
5 the nonrelocating party does not file with the court an
6 objection to the proposed relocation within 30 days after
7 receipt of the notice, that party shall be foreclosed
8 from objecting to the relocation.
9 (4) If any of the information set forth in paragraph (3)
10 is not known when the notice is sent but is later made known
11 to the party proposing the relocation, then that party shall
12 promptly inform every individual who received notice under
13 this subsection.
14 (d) Objection to proposed relocation.--
15 (1) A party entitled to receive notice may file with the
16 court an objection to the proposed relocation and seek a
17 temporary or permanent order to prevent the relocation.
18 (2) An objection made under this subsection shall be
19 filed with the court within 30 days of receipt of the
20 proposed relocation notice.
21 (3) If notice of the proposed relocation has been
22 properly given and no objection to the proposed relocation
23 has been filed in court, then it shall be presumed that the
24 nonrelocating party has consented to the proposed relocation.
25 (4) If a party entitled to notice does not file with the
26 court an objection to the relocation within 30 days after
27 receipt of the notice but later petitions the court for
28 review of the custodial arrangements, the court shall not
29 accept testimony challenging the relocation.
30 (e) Confirmation of relocation.--If no objection to the
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1 proposed relocation is filed under subsection (d), the party
2 proposing the relocation may file the following with the court
3 prior to the relocation:
4 (1) an affidavit stating that the party provided notice
5 to every individual entitled to notice, the time to file an
6 objection to the proposed relocation has passed and no
7 individual entitled to receive notice has filed an objection
8 to the proposed relocation;
9 (2) a petition to confirm the relocation and modify any
10 existing custody or visitation order; and
11 (3) a proposed order containing the information set
12 forth in subsection (c)(3).
13 (f) Hearing.--
14 (1) The court shall hold an expedited full hearing on
15 the proposed relocation after a timely objection has been
16 filed and before the relocation occurs unless exigent
17 circumstances exist, in which case the relocation may occur
18 pending an expedited full hearing.
19 (2) If the court approves the proposed relocation, it
20 shall:
21 (i) modify any existing custody or visitation order;
22 or
23 (ii) establish the terms and conditions of a custody
24 or visitation order.
25 (g) Relocation factors.--In determining whether to grant a
26 proposed relocation, the court shall consider the following
27 factors:
28 (1) The nature, quality, extent of involvement and
29 duration of the child's relationship with the party proposing
30 to relocate and with the nonrelocating party, siblings and
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1 other significant persons in the child's life.
2 (2) The age, developmental stage, needs of the child and
3 the likely impact the relocation will have on the child's
4 physical, educational and emotional development, taking into
5 consideration any special needs of the child.
6 (3) The feasibility of preserving the relationship
7 between the nonrelocating party and the child through
8 suitable custody arrangements, considering the logistics and
9 financial circumstances of the parties.
10 (4) The child's preference, taking into consideration
11 the age and maturity of the child.
12 (5) Whether there is an established pattern of conduct
13 of either party to promote or thwart the relationship of the
14 child and the other party.
15 (6) Whether the relocation will enhance the general
16 quality of life for the party seeking the relocation,
17 including, but not limited to, financial or emotional benefit
18 or educational opportunity.
19 (7) Whether the relocation will enhance the general
20 quality of life for the child, including, but not limited to,
21 financial or emotional benefit or educational opportunity.
22 (8) The reasons and motivation of each party for seeking
23 or opposing the relocation.
24 (9) Any other factor affecting the best interest of the
25 child.
26 (h) Burden of proof.--
27 (1) The party proposing the relocation has the burden of
28 establishing that the relocation will serve the best interest
29 of the child as shown under the factors set forth in
30 subsection (g).
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1 (2) Each party has the burden of establishing the
2 integrity of that party's motives in either seeking the
3 relocation or seeking to prevent the relocation.
4 (i) Failure to provide reasonable notice.--The court may
5 consider a failure to provide reasonable notice of a proposed
6 relocation as:
7 (1) a factor in making a determination regarding the
8 relocation;
9 (2) a factor in determining whether custody or
10 visitation rights should be modified;
11 (3) a basis for ordering the return of the child to the
12 nonrelocating party if the relocation has occurred without
13 reasonable notice;
14 (4) sufficient cause to order the party proposing the
15 relocation to pay reasonable expenses and counsel fees
16 incurred by the party objecting to the relocation; and
17 (5) a ground for contempt and the imposition of
18 sanctions against the party proposing the relocation.
19 (j) Effect of relocation prior to hearing.--If a party
20 relocates with the child prior to a full expedited hearing, the
21 court shall not confer any presumption in favor of the
22 relocation.
23 § 5338. Modification of existing order.
24 (a) Best interest of the child.--Upon petition, a court may
25 modify a custody or visitation order to serve the best interest
26 of the child.
27 (b) Applicability.--This section shall apply to any custody
28 or visitation order entered by a court of this Commonwealth or
29 any other state subject to the jurisdictional requirements set
30 forth in Chapter 54 (relating to uniform child custody
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1 jurisdiction and enforcement).
2 § 5339. Award of counsel fees, costs and expenses.
3 Under this chapter, a court may award reasonable interim or
4 final counsel fees, costs and expenses to any party, based on
5 any relevant factor including, but not limited to, the
6 following:
7 (1) The good faith conduct of the parties.
8 (2) The relative financial resources of the parties,
9 including the ability of a party to participate in custody
10 litigation.
11 (3) The need of a party to engage experts.
12 (4) The best interest of the child.
13 Section 3. A proceeding under 23 Pa.C.S. Ch. 53 which was
14 commenced before the effective date of this section is governed
15 by the law in effect at the time the proceeding was initiated.
16 Section 4. This act shall take effect in 60 days.
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