PRINTER'S NO. 2581
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2018
Session of
2024
INTRODUCED BY HANBIDGE, BRIGGS, DONAHUE, HILL-EVANS, SANCHEZ,
SHUSTERMAN, CONKLIN AND DELLOSO, FEBRUARY 7, 2024
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 2024
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(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 5328. Factors to consider when awarding custody.
(a) Factors.--In ordering any form of custody, the court
shall determine the best interest of the child by considering
all relevant factors, giving weighted consideration to those
factors which affect the safety of the child, including the
following:
(1) [Which party is more likely to encourage and permit
frequent and continuing contact between the child and another
party.] The level of cooperation and conflict between the
parties, including:
(i) whether each party will encourage and permit
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frequent and continuing contact between the child and the
other party or parties; and
(ii) any attempt by a party to turn the child
against another party, but a party's good faith effort to
protect a child from abuse by another party is not
evidence of unwillingness or inability to cooperate with
the other party.
(2) The present and past abuse committed by a party or
member of the party's household against the child, a
household member, or both, whether there is a continued risk
of harm to the child or an abused party and which party can
better provide adequate physical safeguards and supervision
of the child.
(2.1) The information set forth in section 5329.1(a)
(relating to consideration of child abuse and involvement
with protective services).
(2.2) Any multiple, unsubstantiated allegations of abuse
or neglect made by either party against another party.
(3) [The] Each party's willingness or ability to:
(i) prioritize the child's needs and provide
appropriate care, stability and continuity for the child,
considering the parental duties performed by each party
on behalf of the child[.] in the past and whether each
party is willing and able to perform the duties in the
future; and
(ii) attend to the daily physical, emotional,
developmental, educational and special needs of the
child .
[(4) The need for stability and continuity in the
child's education, family life and community life.
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(5) The availability of extended family.]
(6) The child's sibling and other familial
relationships.
(7) The well-reasoned preference of the child, based on
the child's maturity and judgment.
[(8) The attempts of a parent to turn the child against
the other parent, except in cases of domestic violence where
reasonable safety measures are necessary to protect the child
from harm.
(9) Which party is more likely to maintain a loving,
stable, consistent and nurturing relationship with the child
adequate for the child's emotional needs.
(10) Which party is more likely to attend to the daily
physical, emotional, developmental, educational and special
needs of the child.]
(11) The proximity of the residences of the parties.
(12) Each party's employment schedule and availability
to care for the child or ability to make appropriate child-
care arrangements.
[(13) The level of conflict between the parties and the
willingness and ability of the parties to cooperate with one
another. A party's effort to protect a child from abuse by
another party is not evidence of unwillingness or inability
to cooperate with that party.]
(14) The history of drug or alcohol abuse of a party or
member of a party's household.
(15) The mental and physical condition of a party or
member of a party's household.
(16) Any other relevant factor.
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Section 2. This act shall take effect in 60 days.
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