Lawrence Skip Persick, Lamb McErlane
On May 4, Gov. Tom Wolf signed Act 21 of 2018 into law. Known as SB 844, this act amends two sections of the Pennsylvania Domestic Relations Code with regard to standing in child custody proceedings. Those two sections are 23 Pa.C.S.A. Section 5324 and Section 5325(2).
The amendments to Section 5324 allow for any individual, not just grandparents or blood relatives, to seek custody of a child if the individual can establish by clear and convincing evidence: that the individual has assumed or is willing to assume responsibility for the child; that the individual has a “sustained, substantial and sincere interest in the welfare of the child;” and neither parent has any form of care and control of the child.
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