Pennsylvania Act 1990-51 — DOMESTIC RELATIONS (23 PA.C.S.) - AMEND CUSTODY AND VISITATION

Act text

DOMESTIC RELATIONS (23 PA.C.S.) - AMEND CUSTODY AND VISITATION
                  Act of Jun. 13, 1990, P.L. 230, No. 51              Cl. 23
                             Session of 1990
                               No. 1990-51

                                  AN ACT

     HB 1781

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, further providing for custody and
        visitation in certain cases.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5303 of Title 23 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5303.  Award of [sole] custody, partial custody or
                    visitation.
        (a)  General rule.--In making an order for custody, partial
     custody or visitation to either parent [individually], the court
     shall consider, among other factors, which parent is more likely
     to encourage, permit and allow frequent and continuing contact
     and physical access between the noncustodial parent and the
     child. [The court shall award sole custody when it is in the
     best interest of the child.] In addition, the court shall
     consider each parent and adult household member's present and
     past violent or abusive conduct which may include, but is not
     limited to, abusive conduct as defined under the act of October
     7, 1976 (P.L.1090, No.218), known as the Protection From Abuse
     Act.
        (b)  Consideration of criminal conviction.--If a parent has
     been convicted of or has pleaded guilty or no contest to an
     offense as set forth below, the court shall consider such
     criminal conduct and shall determine that the parent does not
     pose a threat of harm to the child before making an order of
     custody, partial custody or visitation to that parent:
            (1)  18 Pa.C.S. Ch. 25 (relating to criminal homicide);
            (2)  18 Pa.C.S. § 2901 (relating to kidnapping);
            (3)  18 Pa.C.S. § 2902 (relating to unlawful restraint);
            (4)  18 Pa.C.S. § 3121 (relating to rape);
            (5)  18 Pa.C.S. § 3122 (relating to statutory rape);
            (6)  18 Pa.C.S. § 3123 (relating to involuntary deviate
        sexual intercourse);
            (7)  18 Pa.C.S. § 3126 (relating to indecent assault);
            (8)  18 Pa.C.S. § 4302 (relating to incest);
            (9)  18 Pa.C.S. § 4304 (relating to endangering welfare
        of children);
            (10)  18 Pa.C.S. § 5902(b) (relating to prostitution and
        related offenses); or
            (11)  18 Pa.C.S. § 6312 (relating to sexual abuse of
        children).
        (c)  Counseling.--In making a determination to award custody,
     partial custody or visitation pursuant to subsection (b), the
     court shall appoint a qualified professional to provide
     counseling to an offending parent described in subsection (b)
     and shall take testimony from that professional regarding the
     provision of such counseling prior to issuing any order of
     custody, partial custody or visitation. Counseling, required in
     accordance with this subsection, shall include a program of
     treatment or individual therapy designed to rehabilitate a
     parent which addresses, but is not limited to, issues regarding
     physical and sexual abuse, domestic violence, the psychology of
     the offender and the effects of abuse on the victim. If the
     court awards custody, partial custody or visitation to an
     offending parent described in subsection (b), the court may
     require subsequent periodic counseling and reports on the
     rehabilitation of the offending parent and the well-being of the
     child following an order relating to custody, partial custody or
     visitation. If, upon review of a subsequent report or reports,
     the court determines that the offending parent poses a threat of
     harm to the child, the court may schedule a hearing and modify
     the order of custody or visitation to protect the well-being of
     the child.
        (d)  Sole custody.--The court shall award sole custody when
     it is in the best interest of the child.
        Section 2.  This act shall apply to actions under 23 Pa.C.S.
     Ch. 53 (relating to custody) which are commenced on or after the
     effective date of this act regardless of when the abuse or
     offense took place.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 13th day of June, A. D. 1990.

     ROBERT P. CASEY