In April, SB 1167 was passed, which amends the new Custody Act that was passed last year. As practitioners will recall, sweeping changes were made to Pennsylvania’s child custody laws when the new Custody Act became effective on Jan. 24, 2011. Like any new law, debate was sparked over numerous provisions contained in the new Custody Act.
Specifically, a hot-button issue focused on 23 Pa. C.S.A. §5329(c). Section 5329 pertains to the consideration of criminal convictions in custody actions. Subsection (a) of Section 5329 enumerates a list of offenses that the court shall consider when determining whether a party or household member poses a threat of harm to the child “before making any order of custody.” Prior to the changes to the statute in April discussed below in this article, Subsection (c), titled “Initial Evaluation,” provided: “The court shall provide for an evaluation to determine whether: (1) the party or household member who committed an offense under Subsection (a) [enumerated offenses] poses a threat to the child; and (2) counseling is necessary for that party or household member.”
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