Harrisburg Child Custody Law Attorneys: Working Toward Fairness
On November 23, 2010, Governor Rendell signed Act 112 into law. The Act went into effect in January, 2011. This Act revises or codifies Pennsylvania child custody laws in terms of custody, relocation, grandparents' rights, the rights of third parties, and a few other issues.
The new law delineates between physical and legal custody and no longer defines the term "visitation." This concept is now encompassed within the term "supervised physical custody." Under the new law, the following combinations of custody awards are possible:
- Shared physical custody
- Primary physical custody
- Sole physical custody
- Supervised physical custody
- Shared legal custody
- Sole legal custody
When it comes to custody and visitation by a third party (such as a grandparent or great-grandparent), the new law specifically defines who has standing to bring a case to court. (See our grandparents' rights page.)
Factors to Consider When Deciding the Best Interest of the Child
Section 5328 of the Act sets forth a comprehensive list of factors that the court must consider when determining the best interests of the child for the purposes of granting child custody, including:
- The need for stability and continuity in the child's education, family life, and community life
- Assuring access to siblings and extended family
- Safety of the child and any history of drug or alcohol abuse
For a more complete list of factors, please see Factors in Deciding Child Custody.
The Act now defines relocation as "a change ... which significantly impairs the ability of a non-relocating party to exercise custody rights," though it does not define what would be a significant impairment. The court will be required to consider how the move enhances the quality of life for the child, not just how it benefits the parent seeking to move.
Judges must now provide an explanation of child custody decisions. The court must state the factors it considered when entering a final order either in open court or in a written opinion. Further, the court must weigh safety considerations to protect the child and an abused spouse (if any) from ongoing risk to harm.
Gender Neutrality
The courts will be prohibited from assuming that custody should be awarded to one partner or the other based solely on gender. (This is the case under existing law as well.) Contempt citations for willful violations of custody orders will also be gender neutral.
Criminal Convictions
Section 5329 provides a list of criminal convictions that the court must consider when determining child custody. The list of offenses has been expanded, and it covers the parties seeking custody and members of their household (a boyfriend or girlfriend, for example). Before custody could be granted, the court would need to determine that the party is not a threat to the child.
The list of convictions includes:
- DUI
- Sex crimes: prostitution, providing pornography to minors, luring a child or other sexual offenses
- Drug crimes
- Endangering the welfare of a minor
- Murder, aggravated assault
- Terroristic threats, stalking
- Kidnapping, unlawful restraint, false imprisonment
Other criminal convictions can be considered if, for example, the child was involved or could have been harmed. A Protection from Abuse Order is not a criminal conviction but it will be considered as one of the custody factors affecting the safety of the child.
If You Have Questions About the 2010 Child Custody Law
An experienced child custody attorney at the law office of Shaffer & Engle Law Offices, LLC, can answer your questions and provide legal guidance if you are involved in a child custody case. Contact our lawyers online or call 717-827-4074 or 717-692-2345. We have offices in Millersburg and Harrisburg, Pennsylvania, serving communities in Dauphin County, Cumberland County, York County, Northumberland County and Franklin County. We offer daytime, evening and weekend appointments.
