Greenleaf Custody Bill Clears Senate Judiciary Committee 

HARRISBURG—A bill sponsored by Sen. Stewart J. Greenleaf to revamp the child custody law was reported from the Senate Judiciary Committee.

Senate Bill 74 would amend the custody law by including a list of factors to be considered by the court in determining the best interests of the child.  The list includes the parental duties performed by each party on behalf of the child; the need for stability and continuity in the child's education, family life, and community life; the availability of extended family; and the child's sibling relationships.

The measure, which is based on recommendations of the Joint State Government Commission Task Force on Domestic Relations Law's Advisory Committee, also expands the list of crimes for which a conviction is taken into account by the court in determining custody.

The bill also provides for the appointment of representation for the child, and sets a statutory framework for relocation cases in which the change of residence of the child significantly impairs the ability of the non-relocating parent to exercise custody rights.  Under the proposal, the court must consider whether the relocation will enhance the general quality of life for the child and not just benefit the parent who would like to relocate.

In addition, the measure would codify longstanding case law that grants standing for custody or visitation to any person who stands in loco parentis to a child.  Such a person, according to the State Supreme Court definition, is one who puts himself in the role of a parent by assuming the obligations of the parental relationship without going through the formality of a legal adoption.

Greenleaf, who chairs the Senate Judiciary Committee, also serves as chairman of the Task Force on Domestic Relations Law.