Except as provided in 51 Pa.C.S. The timing of these changes to the custody law coincides with the rise of the opioid epidemic both nationwide and in the local area specifically. Are your digital assets included in your estate plan? Sadly, there has been a rise in the past few years of parents battling drug addiction and unable to care for their children, to the extent that  Pennsylvania legislators have felt compelled to address the impact of this crisis on minor children. Have you made resolutions for 2020? Disclaimer: Attorney Advertising. 5329 changes the word parent to party in the section for consideration of criminal conviction. Soon, another change to child custody laws may follow. 1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Pennsylvania on Jul 22, 2020 Q: I am looking for tips on how best to research for an appellate lawyer for a child relocation ruling in Bucks County, PA. What factors will courts consider when awarding alimony? The courts are also required to provide reasons for their determination of custody either in front of the co-parents in court or in a written statement. The House 437 bill would make it possible for parents to receive make-up time, when one parent prevented the other from spending time with the child. Economic Impact of the Coronavirus Pandemic on Support Obligations, Custody Dilemmas During the Coronavirus Pandemic, Medical Marijuana and Child Custody Cases in Pennsylvania, « Attention Importers and Retailers: Move Quickly to Remove Turkmen Cotton from Your Supply Chains, Telecommuting: A reasonable accommodation under the American with Disabilities Act? Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters, Serving Allegheny County and The Surrounding Areas Since 1992. Child Support & Custody. The new revisions reflect that case law, and also strike those sections, but also added an additional section to  allow for grandparent standing: 1. §§5321 – 40) requires courts to make decisions based on the best interest of the child. Additionally, she has handled several appellate court matters representing her clients’ interests in the Superior Court of Pennsylvania. The House 437 bill would make it possible for parents to receive make-up time, when one parent prevented the other from spending time with the child. In order to have standing, the individual must prove all three criteria by clear and convincing evidence, which is a high burden of proof. 5329. 5324: 1. Have commenced a proceeding for custody; and,      B. On May 4, 2018 Pennsylvania Governor Tom Wolf signed into law Act 21 of 2018, which amended 23 Pa.C.S.A. Pennsylvania’s child custody law (23 PA C.S. The law provides the court with a list of 16 … There have been changes to this section that will be effective July 4, 2018 as well. ». The new class of individuals (third parties) who will have standing to file for custody must meet all of the following criteria as set forth in 23 Pa. C.S. 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:      A. 5324: 1. Who will get custody of our child? Elizabeth Fineman concentrates her practice on domestic relations matters and handles a variety of issues, including divorce, child support, alimony/spousal support, marital taxation, equitable distribution and child custody matters. Presumably, the burden is high to ensure that the child is protected and does not end up in the custody of someone unsuitable. However, beyond that, judges may only continue to make threats. 215.230.7500 phone     215.230.7796 fax     855.210.7500 toll free, 131 W. State Street, PO Box 50, Doylestown, PA 18901. COVID-19 UPDATE: During this time, in order to protect your safety in response to COVID-19, we are offering our clients the ability to meet with us in person, via telephone, or via video conferencing. © 2020 Beroes Law Center. All Rights Reserved. On July 4, 2018, recent changes to the Pennsylvania custody law will go into effect. On the other end of … The same suggestion applies if you and your former mate split up a while ago but need a new … Statute: Pennsylvania Statutes Title 23 Pa.C.S.A Section 5328(a) (Factors to Consider when Awarding Custody). We are also open for business as usual. Pennsylvania child custody lawyers provide answers to frequently asked questions with regards to Pennsylvania child custody and custody laws. The law also has a further limitation in that,  if there is a dependency proceeding, meaning that  there is a pending dependency petition alleging that the child(ren) is without proper parental care and should be supervised by the court, then the above criteria will not apply. Section  5324, above,  they may also have standing to seek partial physical custody or supervised physical custody of their grandchildren or great-grandchildren under 23 Pa. C.S. The new class of individuals (third parties) who will have standing to file for custody must meet all of the following criteria as set forth in 23 Pa. C.S. The individual has assumed or is willing to assume responsibility for the child; 2. One of the biggest reasons for this in the state is the sweeping effects of the opioid crisis. To help educate more of these guardians about their rights, the PBA and more than two dozen county bar associations launched a campaign. The changes in the law reflect the reality that some of these third parties may already be caring for the child, but did not have standing to file for physical and/or legal custody previously. Meanwhile, 88,000 grandparents are caring for their grandchildren. Long-standing law in Pennsylvania is that the most important consideration when determining custody is the best interest of the child. These laws take into account changes in the family structure and the expansion of classes of individuals who may qualify to file for physical or legal custody of minor children. Introduced on May 6, HB 1397 seeks to amend the custody provisions of Title 23, such that a 50/50 custody schedule is a rebuttable presumption. Do not agree as to whether the grandparents or great-grandparents should have custody  under this section. We, Pennsylvanians, all have our own New Year traditions – from eating the traditional pork and sauerkraut on New Year’s Day to digging deeper into our pockets for another PA Turnpike toll increase of six percent. Ultimately, this is something judges may need to determine before ordering make-up time. To view Elizabeth J. Fineman's full profile, click here. However, many grandparents are still unaware of this. Everything you post could be used against you in a court of law. According to ABC News 27, this new law would address the problem of what happens when a parent does not follow custody orders. Neither parent has any form of care and control of the child. The courts are also required to provide reasons for their determination of custody … Factors of Consideration in Ordering Custody: In ordering custody, courts will determine the best interest of the child by considering all "relevant factors". At the first offense, the offending parent receives light punishment, if any. The individual has a sustained, substantial and sincere interest in the welfare of the child; and, 3. 7 New Laws Going Into Effect In 2020 In Pennsylvania You’ll Want To Know About. The 2017 Tax Cuts and Jobs Act: Family Law Tip #4 – How much money can I take in a cash out refinance? This consideration relates to entering an order of custody to a party (not just a parent) who does have certain criminal convictions. While grandparents and great-grandparents may have standing under 23 Pa. C.S. § 4109 (relating to child custody proceedings during military deployment), this section shall apply to any custody order entered by a court of this Commonwealth or any other state subject to the jurisdictional requirements set forth in Chapter 54 (relating to uniform child custody … Soon, another change to child custody laws may follow. Alan concentrates his practice in Estate Planning, Estate Administration, Elder Law, Estate…, Bill concentrates his practice in the area of litigation, including Commercial Litigation,…, Christopher Wagner is an experienced and results-driven business law attorney with a comprehensive understanding…, As an estate planning attorney, Elaine Yandrisevits is committed to guiding individuals…, Elizabeth Fineman concentrates her practice on domestic relations matters and handles a…, Gabe’s practice focuses on litigation, including commercial litigation, personal injury, estate and…, Jessica A. 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