Pennsylvania Child Custody Law is Changing – Who has Standing to File for Child Custody?
On May 4, 2018 Pennsylvania Governor Tom Wolf signed into law Senate Bill 844, which makes some major changes to who can petition a Pennsylvania family court for child custody. It affects grandparents’ rights to ask for custody of their grandchildren; and under certain circumstances, it grants standing for the very first time to third-parties such as aunts, uncles and other close relatives to sue for custody. The new law takes effect on July 3, 2018, sixty days after being adopted.
Standing, for purposes of the law, has to do with who has the right to make a claim before the court, and to have that claim heard. Having standing to file for custody of kids does not mean that you will win, of course. It just means that you have the right to make the request.
To read more, see here.
See the updated Statute Below:
Section 1. Section 5324 of Title 23 of the Pennsylvania Consolidated Statutes is amended by adding paragraphs to read:
§ 5324. Standing for any form of physical custody or legal custody.
The following individuals may file an action under this chapter for any form of physical custody or legal custody:
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(4) Subject to paragraph (5), an individual who establishes by clear and convincing evidence all of the following:
(i) The individual has assumed or is willing to assume responsibility for the child.
(ii) The individual has a sustained, substantial and sincere interest in the welfare of the child. In determining whether the individual meets the requirements of this subparagraph, the court may consider, among other factors, the nature, quality, extent and length of the involvement by the individual in the child’s life.
(iii) Neither parent has any form of care and control of the child.
(5) Paragraph (4) shall not apply if:
(i) a dependency proceeding involving the child has been initiated or is ongoing; or
(ii) there is an order of permanent legal custody under 42 Pa.C.S. § 6351(a)(2.1) or (f.1)(3) (relating to disposition of dependent child).
20180021u2s
Section 2. Sections 5325(2) and 5329(a) introductory paragraph of Title 23 are amended to read:
§ 5325. Standing for partial physical custody and supervised physical custody.
In addition to situations set forth in section 5324 (relating to standing for any form of physical custody or legal custody), grandparents and great-grandparents may file an action under this chapter for partial physical custody or supervised physical custody in the following situations:
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(2) where the relationship with the child began either with the consent of a parent of the child or under a court order and where the parents of the child [have been separated for a period of at least six months or]:
(i) have commenced [and continued] a proceeding [to dissolve their marriage] for custody; and
(ii) do not agree as to whether the grandparents or great-grandparents should have custody under this section; or
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