Regular Session 2017-2018 House Bill 1768 P.N. 2383

PRINTER'S NO. 2383

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1768

Session of

2017

INTRODUCED BY YOUNGBLOOD, WATSON, CRUZ, DONATUCCI, CALTAGIRONE,

V. BROWN, O'BRIEN, PICKETT, MILLARD, KINSEY, SOLOMON, WARREN,

McNEILL AND D. COSTA, SEPTEMBER 8, 2017

REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 8, 2017

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in child custody, further providing

for definitions, for standing for partial physical custody

and supervised physical custody and for factors to consider

when awarding custody; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5322(a) of Title 23 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 5322. Definitions.

(a) This chapter.--The following words and phrases when used

in this chapter shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

* * *

"Sibling." A brother or sister of a child, related to the

child by blood, adoption or marriage.

* * *

Section 2. Sections 5323(b), 5325 and 5326 of Title 23 are

amended to read:

§ 5323. Award of custody.

* * *

(b) Interim award.--The court may issue an interim award of

custody to a party who has standing under section 5324 (relating

to standing for any form of physical custody or legal custody)

or [5325] 5325(a) (relating to standing for partial physical

custody and supervised physical custody) in the manner

prescribed by the Pennsylvania Rules of Civil Procedure

governing special relief in custody matters.

* * *

§ 5325. Standing for partial physical custody and supervised

physical custody.

(a) Grandparents and great-grandparents.--In addition to

situations set forth in section 5324 (relating to standing for

any form of physical custody or legal custody), grandparents and

great-grandparents may file an action under this chapter for

partial physical custody or supervised physical custody in the

following situations:

(1) where the parent of the child is deceased, a parent

or grandparent of the deceased parent may file an action

under this section;

(2) where the parents of the child have been separated

for a period of at least six months or have commenced and

continued a proceeding to dissolve their marriage; or

(3) when the child has, for a period of at least 12

consecutive months, resided with the grandparent or great-

grandparent, excluding brief temporary absences of the child

from the home, and is removed from the home by the parents,

an action must be filed within six months after the removal

of the child from the home.

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(b) Siblings.--A sibling or, if a sibling is a minor, a

parent, guardian or legal custodian of the sibling on the

sibling's behalf, may file an action under this chapter for

partial physical custody or supervised physical custody when the

amount of personal contact between the child and the party prior

to the filing of the action exceeds 12 consecutive months.

§ 5326. Effect of adoption.

Any rights to seek physical custody or legal custody rights

and any custody rights that have been granted under section 5324

(relating to standing for any form of physical custody or legal

custody) or [5325] 5325(a) (relating to standing for partial

physical custody and supervised physical custody) to a

grandparent or great-grandparent prior to the adoption of the

child by an individual other than a stepparent, grandparent or

great-grandparent shall be automatically terminated upon such

adoption.

Section 3. Section 5328(c) of Title 23 is amended and the

section is amended by adding a subsection to read:

§ 5328. Factors to consider when awarding custody.

* * *

(1) In ordering partial physical custody or supervised

physical custody to a party who has standing under section

[5325(1)] 5325(a)(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-

child relationship; and

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(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)] 5325(a)(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.

(d) Siblings.--In ordering partial physical custody or

supervised physical custody to a party who has standing under

section 5325(b), the court shall consider, in addition to

factors enumerated in subsection (a), the following:

(1) the amount of personal contact between the child and

the party prior to the filing of the action;

(2) whether the award interferes with any parent-child

relationship;

(3) whether a voluntary agreement for continuing contact

exists for the child under Subchapter D of Chapter 27

(relating to voluntary agreement for continuing contact); and

(4) whether the award is in the best interest of the

child.

Section 4. This act shall take effect in 60 days.

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