PRINTER'S NO. 1231
No. 1073 Session of 1975
INTRODUCED BY ZEARFOSS AND MEBUS, APRIL 21, 1975
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 22, 1975
AN ACT
1 Providing for a determination of custody of children, imposing
2 duties on parents and providing penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Upon the separation of parents with a child or
6 children under 18 years of age, the parent having possession of
7 said child or children shall institute proceedings in the county
8 where the child or children reside to determine custody, after
9 the 21st day but before the 46th day of separation.
10 Section 2. (a) Custody of child or children shall be
11 determined on the basis of the following considered factors:
12 mutual love and affection between child and parent; ability to
13 supervise, assist, control the child or children; home
14 environment of the parent seeking custody; financial ability of
15 the parent seeking custody to support himself or herself and the
16 child or children; which parent is better suited physically,
17 mentally, emotionally, and morally to provide proper care and
18 upbringing of the child or children, present and past moral and
1 mental history of parent.
2 (b) Both parents shall have an equal right to seek and to be
3 fully considered for custody, and both shall enter the
4 proceedings as fit and competent until proven otherwise. Neither
5 parent shall be presumed to have the right to custody, or to
6 serve the best interest or welfare of the child or children
7 better than the other parent merely because of their sex, or the
8 sex and age of the child or children. One parent shall have
9 primary custody and the other parent secondary custody; child or
10 children shall reside with primary custodial parent.
11 (c) Provisions for continuing control shall be maintained in
12 such matters as shared-joint custody or visitation. Arrangements
13 shall provide that each parent shall be afforded opportunity to
14 participate in the fulfillment and control of their child or
15 children's lives irrespective of which parent may have primary
16 custody, or the fact the parents are separated or divorced. Any
17 limitation, reduction, or restriction of association or in the
18 life of any child or children shall only be after proof for just
19 reason and cause.
20 (d) If it is determined that neither parent is suitable to
21 have custody, or wants custody, the authorities of the State
22 shall have complete custody and control of the child or children
23 until it or they become of legal age. Both parents shall be
24 required to contribute to the cost of child support in
25 accordance to their respective abilities.
26 Section 3. (a) In child support the basic concept to be
27 followed shall be that the parent who is given primary custody
28 shall have the primary obligation to support the child or
29 children. The parent who does not have primary custody may be
30 required to contribute to the support of the child or children
19750H1073B1231 - 2 -
1 if conclusive proof is furnished the parent with primary custody
2 needs financial support. In determining the extent of such
3 support payments the guiding principle shall be, the ability of
4 the parent to contribute; the necessities for livelihood of such
5 parent, the requirements of his or her remarriage or other
6 family obligations. The relative financial position of the
7 mother as compared to that of the father shall be under
8 continual review.
9 (b) In no event shall the parent who does not have primary
10 custody be required to pay any part of child support after a
11 child is married, reaches the age of 18, becomes a member of the
12 armed services, or becomes self-supporting, except where the
13 child is physically or mentally handicapped.
14 (c) Any parent or spouse who is contributing support or
15 allowance may upon request once in each 12-month period, require
16 an accounting of how the funds were spent.
17 Section 4. Any parent who fails to turn over any child or
18 children for shared custody or visitation time shall be guilty
19 of a misdemeanor of the third degree. The parent having primary
20 custody may not change the residence of the child or children to
21 another county without informing the parent with secondary
22 custody and a hearing is held to investigate the reason for the
23 move, which can only be for just and reasonable cause. The
24 parent having secondary custody shall have the right to be
25 informed of the living place and address of the child or
26 children from all available records.
27 Section 5. All acts and parts of acts are repealed in so far
28 as inconsistent.
B24L23RW/19750H1073B1231 - 3 -