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PA's New Child Custody Law - Act 112 of 2010

Posted by Jason Martin, Esq. on Mon, Jan 24, 2011 @ 08:41 AM
  
  
  
  
  
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Pennsylvania child custody cases are now governed by PA’s new child custody law, Act 112 of 2010.  The new law took effect on January 23, 2011.  The law states, “it is public policy of this Commonwealth, when in the best interest of the child, to assure a reasonable and continuing contact of the child with both parents after a separation or dissolution of the marriage and the sharing of the rights and responsibilities of child rearing by both parents and continuing contact of the child or children with grandparents when a parent is deceased, divorced or separated.”        

Under the new PA child custody law:

  1. Courts will be prohibited from assuming that custody should be awarded to a particular parent based solely on gender.
  2. Contempt citations for willful violations of custody orders will be gender neutral.
  3. Consideration must be given to a comprehensive list of factors, including:  which parent is more likely to encourage and permit frequent contact with the other parent; parental duties of each parent; the need for stability and continuity in the child's education, family life, and community life; assuring access to siblings and extended family; and protection for victims of domestic violence.
  4. Judges must provide an explanation of custody decisions on the record in open court or in a written opinion or order.
  5. A framework will be used by Judges in making relocation decisions including consideration of how the move will enhance the quality of life for the child and not just how it will benefit the parent seeking to move.
  6. Each parent must submit a parenting plan in cases of contested custody, allow for appointment of a guardian ad litem or counsel for the child when necessary.
  7. The list of criminal convictions courts may consider in determining custody has been expanded.
  8. Punishment for willful violation of a custody order may include imprisonment of not more than six (6) months, a fine of not more than $500.00, probation not to exceed six (6) months, and an Order for non-renewal, suspension or denial of driver’s license and/or counsel fees and costs.
  9. Parties living separate and apart in the same residence may seek an Order for custody, but the Order will only be effective upon one party physically vacating the residence; or an Order awarding one party exclusive possession of the residence.

Check back for updates and further explanations regarding PA's new child custody law.

Learn more about Pennsylvania family law here. 

Jason Martin, Esq. is an experienced PA family law attorney who assists clients seeking divorce, child custody, child support, spousal support and alimony in Montgomery County, Bucks County, Chester County, Delaware County and Philadelphia County.  Contact The Martin Law Firm for a no-obligation, confidential consultation.

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Comments

Divorcee w/ 2 sons, 9+11 yo - I have partial physical custody & joint legal custody. Unfortunately the custody agreement is broad - leading to different interpretations by Ex-husband and me. Ex.- he feels I am not allowed to pick up my sons from school, or take them anywhere -even if I feel they need a Dr.(non-emergency) when he is not avail. He re-married, and stepmom has taken them to medical appts. and even a new provider for tooth infection without notifying me. The new provider didn't even have me on record at all. In addition, stepmom signed the consent for care for the new provider! I have asked my Ex. to inform me of any Med.appts. and would like to take the children to Med. Appts. myself when he is not avail. but he refuses. He has not been taking them, stepmom has. He says he & his wife will take them to Drs then I learn he wasn't there b/c of work of work; he also travels for work but he refuses to tell me when he's out of town, which I feel is irresponsible but also allows his wife to be in the position of authority by proxy, rather than me in his absence. Concurrently my Ex. has apparently asked school admin. NOT to contact me but only him, or his wife. School has copy of custody agreement. The children have been told to call him or their stepmom if they're sick at school. In the school's parent portal/website, I recently found I am listed as NOT being allowed to pick them up, but stepmom can. I am planning to speak with school admin./ principal about this. Overall relationship b/t Ex.&I is quite acrimonious, and communication is limited & via email or text. In Aug. I ques.the new provider situation w/him and he sent multiple lengthyreply emails which were angry & punitive in tone and intense content. Content best shared in counseling sessions* BTW he cancelled court counseling initial sessions for himself AND ME...I feel it's time to follow-through on all this NOW - appreciate any feedback, thanks
Posted @ Monday, December 05, 2011 12:57 AM by C.Baksys
I am sorry to hear about the problems you are having with your ex-husband. Your situation illustrates the importance of having very detailed and specific written agreements for matters involving custody, equitable distribution of property, support and other related matters. Having joint legal custody gives you shared rights regarding the important decisions of the well-being of the child including medical decisions, and it sounds that your ex-husband is depriving you of your ability to join in those decisions. If you were represented by an attorney for the divorce process, you should contact your attorney and discuss these matters with him or her immediately. It would be hard for any attorney to provide any further guidance without having knowledge of the history of the matter and regarding the terms of the settlement agreement.
Posted @ Friday, December 09, 2011 8:38 AM by Jason Martin, Esq.
Thank you for your reply. Yes, details details. Pennsylvania now (2011) requires a 'parenting plan's and I've a copy of it. I truly hoped for a more collaborative parenting approach, esp.with regard to communication. He is quite dictatorial, whilst also deferring to his wife as their stepmom. I believe this is b/c he works a lot & travels at times. The children have been instructed by him Not to share with me Anything that goes on in their home. Yes, I feel I'm being treated as a totally Non-custodial parent; he states. "They live with me", and interprets legal custody as 'only major decisions', such as emergency, hospitalization. Stepmoms been handling Med.appts., not HIM, and he wants me to ask her about the children. -?-. I feel joint legal pertains to major areas of children's lives, Med., school, etc.,  
Yes, there are complicating factors; I've past & present health issues & I'm currently unemployed. Most upsetting to me is Ex. berating my eldest for incl. me in a pic son drew that was meant to represent his family, saying " ...she doesn't live with us" - a clear violation of our court order. I appreciate Ex& stepmoms positive efforts, but naturally very torn as their mom.
Posted @ Friday, December 09, 2011 9:06 AM by C.Baksys
I'm 18,and live with my boyfriend. Me and his mother don't get along and just recently she physically got in my face and yelled at me. My boyfriend acts like nothing happened.I want to leave but I feel like I wont get my son because his dad has a fulltime job, and a car. I feel as the mother who carried my son and stayed healty while pregnant I should get him,and I should make the rules of holidays and what not.I do not want him to have any contact with his grandmother who physically got in my face. And also my son has his dads whole name..please help me?
Posted @ Monday, January 30, 2012 12:14 PM by ciara
I have a daughter (3), who currently spends Monday nights thru Friday mornings with her mom, and Friday afternoon thru Monday morning with me, the father. Her mom lives in Bridgeport, PA, and I currently live in Norristown, PA (5 minutes apart). Well my daughter's mom informed me that she's moving to Elkins Park (35-40 minutes away) and that will not be attending school with my kids, her siblings, next school year. I have a major problem with that. Does this distance of relocation give me enough to fight on? Is she moving far enough for me to claim that it's having an impact on my daughter's future schooling? To me it sounds ilke it does, right?
Posted @ Tuesday, January 31, 2012 2:14 PM by T. Wilkins
Ciara, 
 
I'm sorry to hear about your situation. It is important for you to realize that Pennsylvania's child custody law instructs the courts to make custody determinations based on what is in the best interest of the child. Additionally, the Pennsylvania child custody law specifically states that there is no presumption that a mother should get custody of her child based solely on gender. You should have a written custody agreement in place that has been signed by both parties and filed with the appropriate court. A custody agreement should include both a regular schedule for custody and a holiday schedule. As with any child custody matter, I would strongly recommend that you seek professional legal counsel authorized to practice law in your jurisdiction. 
 
********** 
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, February 02, 2012 2:43 PM by Jason Martin, Esq.
Mr. Wilkins, 
 
I'm sorry to hear that you're struggling with your current PA child custody situation. You raise a good question, and it's a concern that is shared by many parents. I've written a post addressing what happens when one parent wants to relocate with the child, and I think you may find it useful. You can read the article here:  
 
http://www.jbmartinlaw.com/blogs/family-law/bid/101817/What-if-One-Parent-Wants-to-Move-Under-the-New-PA-Child-Custody-Law 
 
As with many family law issues, the stakes are high, and I would strongly recommend that you retain the services of an experienced child custody lawyer authorized to practice law in your jurisdiction. 
********** 
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Friday, February 03, 2012 9:26 AM by Jason Martin, Esq.
I live in Pennsylvania, and my soon to be ex and I are working on our no fault divorce and custody agreement....I have been very amicable with visitation, and have no intentions on ever standing in the way of my children's relationship with their father..we agreed on him taking the kids every other weekend from friday night until sunday morning and alternate holidays and two weeks in the summer..that being said, I have been struggling to find employment in the state and have had job offers in NY that would be approximately 310 miles away..and I just recently was informed that i can no longer live in the house i'm in and will have to move next month and have nowhere else to go, and have an offer for an apartment for my children and i at no cost..if I were to accept a position i would still be able to keep this arrangement as i have family here and will want to see them at these same incriments.....Now my question is this, to avoid having to go back to court after the divorce, is there a way that I can word the custody agreement to allow me to move not more than 350 miles away and promise to stay within the tristate area of NY, NJ, and PA without a hassle and without having to go back to court?
Posted @ Tuesday, February 14, 2012 1:52 PM by Rebecca
Rebecca, 
 
Generally, you can incorporate any terms that you agree upon into a Pennsylvania child custody agreement; however, I always strongly recommend that any child custody agreement be reviewed by an attorney. Child custody agreements can have significant and long-lasting consequences for everyone involved, and therefore, professional legal counsel is highly recommended. 
 
********* 
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, February 22, 2012 1:41 PM by Jason Martin, Esq.
Is there anywhere I can see a list of offenses that the court must take into consideration. My daughter is living with a man who has a Felony 1 conviction for Robbery with inflict serious bodily injury. As the grand parents we currently have custody no written orders just verbal but she wants to take them back at some point and I have some real concerns about that. Would that conviction be enough to be a serious deteriment to her getting legal custody if I filed a confirmation of custody with the court? We have had them for about a year now.
Posted @ Wednesday, February 29, 2012 6:52 AM by Eric
Eric,  
 
The Pennsylvania Child Custody Statute lists the criminal offenses that a court must take into consideration in deciding custody. You can find the complete list of offenses at 23 Pa. C.S.A. §§ 5329 – 5330. Even as grandparents, you should have a written custody agreement in place that has been signed by all of the parties involved and filed with the appropriate PA court. As with any child custody matter, I would strongly recommend that you seek professional legal counsel authorized to practice law in your jurisdiction.  
 
****************************** 
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Monday, March 05, 2012 1:21 PM by Jason Martin, Esq.
I have 4 children and separated going on 6 years. My wives bio son lives with me. I was awarded custody five years ago, through a PFA order, Miracles never cease. My son and I have not had any contact with the three children living with my wife for almost 4 years. Been to court over and over, she fails to follow visitation orders and refuses any contact. The judge, at the last contempt hearing said and I Quote "I don't know what the hell to do, you guys figure it out". I thought that was what the judge was for, to in force the order. She has never been held in contempt even though she has never followed any of the numerous orders. My son is so depressed he is falling a part. The children living with her have P.A.S. severely. At this point, when I try to make contact, she has them tell us they hate us and that they never want to see us, that they don't even know who we are, we are nobody to them. It is serious . We need to see these children. Since she has never been held in contempt she feels omnipotent and with the judge (lebanon county) we are using she is. And she treats us if she were. After years of going back to court plus tens of thousands of dollars in legal bills, the only thing accomplished is my son in the hospital. He is in the hospital currently because of what his mother is doing. HELP?! One more, she is bipolar.
Posted @ Wednesday, March 14, 2012 2:27 AM by Darrell Alva
I am feel mad, because I have primary custodial of my 17 yrs. old son. His father don't want to sign a notary paperwork for permission to go to Dominican Republic in Spring break.His father also owe me money from child support. I'm feel so frustrating. My son has more than 6 yrs. without see to his grandparents(my parents).thank you for allowed me to express my feelings.
Posted @ Saturday, March 24, 2012 3:45 PM by a.damian
Darrell,  
 
I’m so sorry to hear about the difficult child custody situation you are facing. I can assure you that you’re doing the right thing by continuing to seek and follow the advice of professional legal counsel. Often, we must advise our clients to remain patient throughout this trying process. Pennsylvania’s new child custody law, Act 112 of 2010, became effective in January 2011, and it has been held in the PA courts that the new law applies to all child custody proceedings commenced after the effective date, even if the original custody action was filed prior to the effective date. The new PA child custody law centers on the “best interests of the child” standard, and the factors to be considered by the courts are listed within the statute.  
 
In the meantime, you may want to explore seeking help from your county’s Children and Youth Services program, or perhaps look into mental health programs available through your local and county governments to help your son. Good luck.  
 
*********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Monday, March 26, 2012 10:10 AM by Jason B. Martin, Esq.
Ms. Damian: 
 
I’m sorry to hear about your frustrations in dealing with your child custody situation. Back child support is an exasperating issue faced by many parents. When your son turns 18, he will be considered a legal adult. From that point forward, parental permission will not be required for him to leave the country. Hopefully, your son and your parents will have a chance to reunite soon. Best wishes.  
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, April 04, 2012 2:49 PM by Jason Martin, Esq.
I am a single, unwed mother of a 16-month old. I just started receiving child support payments from my child's father this past January and was told by a neighbor that once I started the receiving payments that I was not allowed to leave the state. I have received multiple job offers in other states and wish to relocate. My ex-boyfriend and I do not have any legal custody agreement in place and via text messages he has stated that he does not wish to hear from me or the baby again. Do I have the legal right to move my child out of the state even though he is paying child support and has stated he wants no relationship with our child?
Posted @ Monday, April 16, 2012 10:06 AM by Tony
Tony, 
 
When a parent wishes to move out of state with a child, it is important to consult a skilled child custody lawyer to ensure that proper legal requirements are met. If you have no custody agreement in place and you were never married, it is still advisable to obtain a court order to protect yourself and your child from a future change of heart by the other parent. For more information regarding relocation and child custody, please review our blog post, “What If One Parent Wants to Move Under the New PA Child Custody Law?”  
 
Your rightful collection of child support does not require you to remain in Pennsylvania. The issue of custodial parent relocation has exploded in recent years, and your concern is one that is shared by many. The Uniform Interstate Family Support Act (UIFSA), which has been adopted by all U.S. states, was enacted to address this specific issue. 
 
The UIFSA is a federal law that allows states to work together in their collection of court-ordered child support. If you have a valid PA child support order and you move to another state, the UIFSA will require you to register the order in the new state before the new state can enforce or modify the order. The procedure for registering a foreign child support order is governed by state law. As with any issue involving child support, it is highly advisable to consult legal counsel authorized to practice in your jurisdiction to assure compliance with applicable laws.  
 
*********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Thursday, April 19, 2012 3:15 PM by Meghan Durett
Hello. I have primary legal custody of my 3 kids and share custody with their dad 60/40. I am concerned because he is living with a woman who has been in and out of prison for DUI's and is in their now, she gets out in may. I scared she is gonna drink and drive with my kids. She is an alcoholic. Can I do anything?
Posted @ Sunday, April 22, 2012 10:39 PM by Amber
In PA, you can seek a modification of the Custody Order based on the new circumstances. You have reason to be concerned. You should consult an attorney for more detailed information on how to have the Court amend the Custody Order. 
 
*********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, May 02, 2012 3:39 PM by Jason Martin, Esq.
Hello, I was wondering if you would mind offering an opinion on my situation based on this new Act. I wish to re-unite with my daughter of whom I am not the natural father to. She is now 6 years old and I was actively her father from birth until age 4. My name is on her birth certificate but there is no AOP form on file. As part of our separation agreement I have shared legal and physical custody. Around age 4 her biological father was determined to be her father through domestic relations and has been paying child support since. He has not been in her life for reasons of his own and that he was pushed out by my daughter's mother from the beginning. I attended a court conference and the order basically says that my daughter has two legal fathers and we need to go to trial to determine who is the legal father and if I should be granted rights to request and evaluation of how me re-uniting with her will impact her well-being. My daughter's mother claims that neither I nor her biological father are her father but rather her current fiance is. A lawyer told me that the the doctrine of estoppel may not apply anymore since the release of Act 112. Do you feel that is the case?
Posted @ Thursday, May 03, 2012 12:19 PM by Matt
I just recieved an order to appear in court for Contempt of Custody! My daughter will be 2 in June, there has been a order in place since she was 3 months old saying that her father would get her 2 days a week for a couple hours and every other Sat.. In the beginning he was following this but then soon strayed from it.. He would text every time he was supposed to get her with a lame excuse.. this went on for a couple months, then a couple months with no contact at all. His family also knows they can contact me to see her but never did. He also never paid the court ordered support. In October I got word that he was in a bar fight and his brain was swelling and was in a coma etc.. He was in the hospital for a month followed by a month of rehab. I brought the baby to see him once at the rehab and once when he got home trying to lift his spirits and give him another chance to reconnect with her. He did seem "slow" from the brain injury though. I gave her to him on Christmas (his mother drove him, and his family would also be there) and I dropped her off and picked her up for his neices birthday in Jan. After that he called one day saying that he was going to drive here and pick her up on Sat. I was not going to let him drive with my child.. he had already told me they revoked his liscense bc of his brain injury. I havn't heard from him since. One last thing is that I heard from his sons mother who works for DHS that on Christmas when he had my child he was non stop screaming at her and her 13 yr old son, who she has full custody of, kept having to intervene. She also says she does not even give her son to him without supervision bc of his new short temper. Can I subpeona her? Does he have any grounds for filing Contempt? Do I need a lawyer?
Posted @ Monday, May 07, 2012 9:15 PM by Lauren
I have a small problem, my ex girlfriend lives in austin,pa with my 13 yr old daughter and i live in sc. i have not seen my daughter in almost 10 years but im still required to pay child support. Accordig from what i heard of pa law if i have not seen my daughter in more than a yr my child support is to be suspended....any help
Posted @ Wednesday, May 09, 2012 10:51 AM by curt
Lauren, 
 
I’m sorry to hear about your current child custody situation. If you received a Court Order, you should abide by it and appear as directed, regardless of whether your daughter’s father has valid grounds to hold you in contempt. This is a decision that the judge must make based on the facts and circumstances of your case. You should contact a child custody lawyer immediately to represent you for this hearing. Your attorney can review your current custody order to help determine whether a valid claim may exist and whether a modification of the order is appropriate.  
 
*********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, May 16, 2012 10:14 AM by Jason Martin, Esq.
Curt, 
 
Pennsylvania law establishes that both parents are liable for the support of their children who are unemancipated and 18 years of age or younger. When the noncustodial parent is living in another state, as in your situation, the establishment and enforcement of a child support order is handled by the Child Support Enforcement Agency in your state of residence. If you wish to challenge your current child support order, you would need to take action within South Carolina. I would recommend hiring a local attorney to help you. 
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, May 16, 2012 10:21 AM by Jason Martin, Esq.
Matt, 
 
Your lawyer may be correct, but this situation is unusual and would require an analysis of the case history and details. An experienced child custody lawyer should be retained so he or she can become familiar with all of the facts and circumstances of your case. 
 
**********  
Nothing in this blog is intended to be a solicitation of, or the provision of, legal advice, nor to create an attorney-client relationship with me or any law firm. You may not form an attorney-client relationship with me or any law firm with which I am associated by the use of this blog, leaving comments to any post, or sending me email. You should seek professional legal counsel authorized to practice law in your jurisdiction before acting on any information contained on this blog.
Posted @ Wednesday, May 16, 2012 10:41 AM by Jason Martin, Esq.
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