Amendments to Pennsylvania Child Custody Statute

2011 Amendments to the Pennsylvania Child Custody Statute took effect in January of 2011.  The amendments apply to all cases filed after January and will apply to cases where a petition to modify a prior order is filed.  Significant changes to the custody statute include an expansion of the list of criminal charges and convictions which will affect the parties’ right to custody.  If a party in a custody case has been charged, convicted or pled guilty to serious violent crimes, sexual offenses, crimes against children, drug crimes or driving under the influence of drugs or alcohol, that person’s custody rights may be adversely affected.  The party who becomes aware of criminal charges faced by the other party in the case can use those charges to their advantage.

In the past, Judges often ruled from the bench upon the conclusion of custody trials or mailed Orders to the parties after trial.  Rarely did they offer any explanation for their decision.  This left litigants wondering why the judge ruled the way he or she did and what evidence they found most persuasive.  Under the revised statute, judges are required to articulate on the record, either in front of the parties or in writing, the basis for their decision.  There are many factors which must be considered by the Judge. 

Any party to custody case in Pennsylvania will be well served by having legal representation by an experienced attorney.  To learn more, call the Law Offices of Brian E. Quinn.