At the end of January, new child custody laws went into effect in the commonwealth. The new custody laws had been considered in Harrisburg for more than 10 years and were finally signed into law by then-Gov. Ed Rendell at the end of last year.
These new custody laws govern all custody actions filed on or after Jan. 24. Custody actions filed before that date are still governed by the old laws.
There are at least four major changes to the custody laws that may affect you if you become involved in a custody action. First, the new law requires that, when a parent seeks custody of a child or children, the judge must determine if that parent, or anyone living in that parent’s household, has ever been convicted of one of a number of specific crimes listed in the new laws. Most importantly, DUI and possession of a controlled substance now are among the specific crimes listed.
The judge must decide if the parent with the conviction, or a person with the conviction who is living with the parent, poses a threat of harm to the child or children before making any custody order. These requirements are a significant change to Pennsylvania custody laws and must be considered before starting a custody action.
Second, the new laws have changed visitation. Visitation under the old laws was the right to visit a child. Now, under the new laws, a judge must instead award a person a form of custody rather than visitation. However, previous visitation orders under the old laws are still in effect and good law.
Third, the new laws make gender neutrality in custody cases official. In a custody case between two parents, the new laws direct that there shall be no presumption that custody should be awarded to a particular parent. Further, judges are directed to not give any preference to a parent’s gender in deciding a custody order.
Fourth, the new laws allow parents to ask for a judge to grant a custody order while the parents are still living together. The order would then become effective when one of the parents finally moved out of the house. This could be helpful for parents who, perhaps because of the economy, may still be living together despite the fact they have separated.
The pre-separation custody order could alleviate stress on the parents and the child or children when the time comes for one parent to move out, because there will not be any unknowns about who is taking custody of the child or children.
The new custody laws made many other significant changes as well. If you are considering filing a legal action to obtain custody of a child or children, or you have been named in a lawsuit seeking custody, you should consider contacting a lawyer to deal with the new Pennsylvania custody laws.
Stephen A. Helmerich is an attorney with Eisenstein and Bower LLP, of State College. The information and opinions expressed in the article above are those of the author and do not represent the opinions of the Centre County Bar Association.
