temporarily establishing a custody order or modifying an
existing custody order, as appropriate. Notwithstanding the
provisions of Chapter 53 (relating to child custody) or any
other law to the contrary, in order to provide relief under
this paragraph, the court shall not be required to engage in
a full custody analysis as specified in Chapter 53. In
determining whether to award temporary custody or establish
temporary visitation rights pursuant to this paragraph, the
court shall consider any risk posed by the defendant to the
children as well as risk to the plaintiff. The following
shall apply:
(i) A defendant shall not be granted custody,
partial custody or unsupervised visitation where it is
alleged in the petition, and the court finds after a
hearing under this chapter, that the defendant:
(A) abused the minor children of the parties or
poses a risk of abuse toward the minor children of
the parties; or
(B) has been convicted of violating 18 Pa.C.S. §
2904 (relating to interference with custody of
children) within two calendar years prior to the
filing of the petition for protection order or that
the defendant poses a risk of violating 18 Pa.C.S. §
2904.
(ii) Where the court finds after a hearing under
this chapter that the defendant has inflicted abuse upon
the plaintiff or a child, the court may require
supervised custodial access by a third party. The third
party must agree to be accountable to the court for
supervision and execute an affidavit of accountability.
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