PRINTER'S NO. 1049
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
781
Session of
2019
INTRODUCED BY FARNESE, TARTAGLIONE, BREWSTER AND COSTA,
JUNE 21, 2019
REFERRED TO JUDICIARY, JUNE 21, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for factors to consider when awarding custody.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5328(c) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5328. Factors to consider when awarding custody.
* * *
(c) Grandparents and great-grandparents.--
(1) In ordering partial physical custody or supervised
physical custody to a party who has standing under section
5325(1) [or (2)] (relating to standing for partial physical
custody and supervised physical custody), the court shall
consider the following:
(i) the amount of personal contact between the child
and the party prior to the filing of the action;
(ii) whether the award interferes with any parent-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
child relationship; [and]
(iii) whether the award is in the best interest of
the child[.];
(iv) the burden, inconvenience or limitation on the
surviving parent in complying with the terms of the award
and any economic disparity between the parties; and
(v) whether the award will place a burden,
inconvenience or limitation on the ability of the
surviving parent to make decisions regarding where the
child resides, attends school, extracurricular activities
the child is participating in, holidays and involvement
in religious activities.
(1.1) In ordering partial physical custody or supervised
physical custody to a party who has standing under section
5325(2), the court shall consider the following:
(i) the amount of personal contact between the child
and the party prior to the filing of the action;
(ii) whether the award interferes with any parent-
child relationship; and
(iii) whether the award is in the best interest of
the child.
(2) In ordering partial physical custody or supervised
physical custody to a parent's parent or grandparent who has
standing under section 5325(3), the court shall consider
whether the award:
(i) interferes with any parent-child relationship;
and
(ii) is in the best interest of the child.
Section 2. The amendment of 23 Pa.C.S. § 5328(c) shall apply
to:
20190SB0781PN1049 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Any action regarding custody of a child under 23
Pa.C.S. Ch. 53 that is filed on or after the effective date
of this section.
(2) Any petition to modify a custody order under 23
Pa.C.S. Ch. 53 that is filed on or after the effective date
of this section.
Section 3. This act shall take effect in 60 days.
20190SB0781PN1049 - 3 -
1
2
3
4
5
6
7