Pennsylvania Bar Institute

On November 23, 2010, Governor Rendell signed Act 112 of 2010 into Law. The Act essentially rewrites Child Custody law in Pennsylvania. The law declares “it is public policy of this Commonwealth, when in the best interest of the child, to assure a reasonable and continuing contact of the child with both parents after a separation or dissolution of the marriage and the sharing of the rights and responsibilities of child rearing by both parents and continuing contact of the child or children with grandparents when a parent is deceased, divorced or separated."

Under the new Act (which takes effect in 60 days):

1. Courts will be prohibited from assuming that custody should be awarded to a particular parent based solely on gender.
2. Contempt citations for willful violations of custody orders will be gender neutral.
3. Consideration must be given to a comprehensive list of factors, including:
   1. Which parent is more likely to encourage and permit frequent contact with the other parent
   2. Parental duties of each parent
   3. The need for stability and continuity in the child’s education, family life, and community life
   4. Assuring access to siblings and extended family
   5. Protection for victims of domestic violence
4. Judges must provide an explanation of custody decisions.
5. A framework will be used by Judges in making relocation decisions.
6. Relocation decisions will require consideration of how the move will enhance the quality of life for the child and not just how it will benefit the parent seeking to move.
7. Each parent must submit a parenting plan in cases of contested custody, allow for appointment of a guardian ad litem or counsel for the child when necessary.
8. The list of criminal convictions courts may consider in determining custody has been expanded.

Join us as our expert faculty members explain and dissect the new law.

Recorded during a live webcast in January 2011.