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Senate Passes Greenleaf's Proposed Custody Law Revisions
HARRISBURG -- The
State Senate approved Senate Bill 74, a proposal offered by Sen. Stewart J.
Greenleaf, R-Montgomery/Bucks, to revise custody and visitation law.
Under Senate Bill 74, which
is based on recommendations developed by the Joint State Government Commission
Task Force and Advisory Committee on Domestic Relations Law, the court would
consider a list of factors in making a determination on custody and visitation.
Those factors include the parental duties performed for a child by each parent;
the need for continuity and stability in the child's education, family life and
community life; the availability of extended family; and the child's sibling
relationships.
Senate Bill 74 also would
expand the list of violent crimes and sexual offenses for which a conviction is
taken into consideration by the court in determining custody.
The bill permits the court
to request parenting plans from the parties involved in the custody case and
permits the court to order counseling. It allows for the appointment by the
court of a guardian ad litem and a counsel or attorney for the child. The court
could order a party to pay all or part of the fees for such services.
Further, the bill would
provide a statutory framework for relocation cases to determine if such
relocation will enhance the quality of life for the child and not just for the
relocating parent.
Greenleaf said that the bill
would not expand grandparent rights regarding custody or visitation, but would
codify longstanding case law that grants standing for custody or visitation to
any person who has acted “in loco parentis” to the child.
Greenleaf said that the
guiding principle behind the proposed custody and visitation revisions is “the
best interest of the child.”
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