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."