On Jan. 24, the new Child Custody Act (Act No. 112 of 2010) went into effect. The new Child Custody Act begins at 23 Pa. C.S.A. §5321 and concludes at 23 Pa. C.S.A. §5340, and replaces sections 5301 through 5315, as well as Section 4346. The act was approximately 10 years in the making and is prospective and applies to actions commenced on or after Jan. 24. This article will cover nine areas of the act. However, practitioners should review the entire act as there are other areas not being addressed by this article.
First, Section 5322 is the definitions section of the act. The definition for shared physical custody has changed from the prior definition under now-repealed Section 5302. Additionally, the definitions for shared legal custody, primary physical custody and sole physical custody are new, among other definitions.
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