Regular Session 2023-2024 House Bill 2018 P.N. 3674

PRIOR PRINTER'S NO. 2581

PRINTER'S NO. 3674

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2018

Session of

2024

INTRODUCED BY HANBIDGE, BRIGGS, DONAHUE, HILL-EVANS, SANCHEZ,

SHUSTERMAN, CONKLIN, DELLOSO, D. WILLIAMS, BERNSTINE, DALEY,

SCOTT, HOWARD, WARREN, GREEN, CERRATO AND FLICK,

FEBRUARY 7, 2024

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 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:

§ 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:

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(i) whether each party will encourage and permit

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

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child's education, family life and community life.

(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.

SECTION 1. SECTION 5328(A) OF TITLE 23 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES, AMENDED APRIL 15, 2024 (P.L.24, NO.8), IS

AMENDED TO READ:

§ 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 SUBSTANTIAL WEIGHTED CONSIDERATION

TO THE FACTORS SPECIFIED UNDER PARAGRAPHS (1), (2), (2.1) AND

(2.2) WHICH AFFECT THE SAFETY OF THE CHILD, INCLUDING THE

FOLLOWING:

(1) WHICH PARTY IS MORE LIKELY TO ENSURE THE SAFETY OF

THE CHILD.

(2) THE PRESENT AND PAST ABUSE COMMITTED BY A PARTY OR

MEMBER OF THE PARTY'S HOUSEHOLD, WHICH MAY INCLUDE PAST OR

CURRENT PROTECTION FROM ABUSE OR SEXUAL VIOLENCE PROTECTION

ORDERS WHERE THERE HAS BEEN A FINDING OF ABUSE.

(2.1) THE INFORMATION SET FORTH IN SECTION 5329.1(A)

(RELATING TO CONSIDERATION OF CHILD ABUSE AND INVOLVEMENT

WITH PROTECTIVE SERVICES).

(2.2) VIOLENT OR ASSAULTIVE BEHAVIOR COMMITTED BY A

PARTY.

(2.3) [WHICH PARTY IS MORE LIKELY TO ENCOURAGE AND

PERMIT FREQUENT AND CONTINUING CONTACT BETWEEN THE CHILD AND

ANOTHER PARTY IF CONTACT IS CONSISTENT WITH THE SAFETY NEEDS

OF THE CHILD.] THE LEVEL OF COOPERATION AND CONFLICT BETWEEN

THE PARTIES, INCLUDING:

(I) WHICH PARTY IS MORE LIKELY TO ENCOURAGE AND

PERMIT FREQUENT AND CONTINUING CONTACT BETWEEN THE CHILD

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AND THE OTHER PARTY OR PARTIES IF CONTACT IS CONSISTENT

WITH THE SAFETY NEEDS OF THE CHILD; AND

(II) THE ATTEMPTS BY A PARTY TO TURN THE CHILD

AGAINST THE OTHER PARTY, EXCEPT IN CASES OF ABUSE WHERE

REASONABLE SAFETY MEASURES ARE NECESSARY TO PROTECT THE

SAFETY OF THE CHILD. A PARTY'S GOOD FAITH AND REASONABLE

EFFORT TO PROTECT THE SAFETY OF A CHILD OR SELF SHALL NOT

BE CONSIDERED EVIDENCE OF UNWILLINGNESS OR INABILITY TO

COOPERATE WITH THE OTHER PARTY. A PARTY'S REASONABLE

CONCERNS FOR THE SAFETY OF THE CHILD AND THE PARTY'S

REASONABLE EFFORTS TO PROTECT THE CHILD SHALL NOT BE

CONSIDERED ATTEMPTS TO TURN THE CHILD AGAINST THE OTHER

PARTY. A CHILD'S DEFICIENT OR NEGATIVE RELATIONSHIP WITH

A PARTY SHALL NOT BE PRESUMED TO BE CAUSED BY THE OTHER

PARTY.

(2.4) ANY MULTIPLE, UNSUBSTANTIATED ALLEGATIONS OF ABUSE

OR NEGLECT MADE BY EITHER PARTY AGAINST ANOTHER PARTY.

(3) [THE PARENTAL DUTIES PERFORMED BY EACH PARTY ON

BEHALF OF THE CHILD.] A WILLINGNESS AND ABILITY OF A PARTY

TO:

(I) PRIORITIZE THE NEEDS OF THE CHILD BY PROVIDING

APPROPRIATE CARE, STABILITY AND CONTINUITY FOR THE CHILD;

AND

(II) CONSIDER THE PARENTAL DUTIES PERFORMED BY THE

PARTY ON BEHALF OF THE CHILD IN THE PAST AND WHETHER THE

PARTY IS WILLING AND ABLE TO PERFORM THE DUTIES IN THE

FUTURE.

(4) THE NEED FOR STABILITY AND CONTINUITY IN THE CHILD'S

EDUCATION, FAMILY LIFE AND COMMUNITY LIFE, EXCEPT IF CHANGES

ARE NECESSARY TO PROTECT THE SAFETY OF THE CHILD OR A PARTY.

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HOWEVER, A DEFICIENCY OR NEGATIVE RELATIONSHIP BETWEEN THE

CHILD AND A PARTY SHALL NOT BE PRESUMED TO BE CAUSED BY THE

ACTION OF ANOTHER PARTY.

[(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 DEVELOPMENTAL STAGE, MATURITY AND JUDGMENT.

[(8) THE ATTEMPTS OF A PARTY TO TURN THE CHILD AGAINST

THE OTHER PARTY, EXCEPT IN CASES OF ABUSE WHERE REASONABLE

SAFETY MEASURES ARE NECESSARY TO PROTECT THE SAFETY OF THE

CHILD. A PARTY'S REASONABLE CONCERNS FOR THE SAFETY OF THE

CHILD AND THE PARTY'S REASONABLE EFFORTS TO PROTECT THE CHILD

SHALL NOT BE CONSIDERED ATTEMPTS TO TURN THE CHILD AGAINST

THE OTHER PARTY. A CHILD'S DEFICIENT OR NEGATIVE RELATIONSHIP

WITH A PARTY SHALL NOT BE PRESUMED TO BE CAUSED BY THE OTHER

PARTY.

(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 OR SELF FROM

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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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