Pennsylvania HB 1499: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, further providing for definitions, for award of custody, for standing for partial physical custody and supervised physical custody, for presumption in cases concerning primary physical custody, for factors to consider when awarding custody, for consideration of criminal conviction and for parenting plan; and making editorial changes.

Bill Text

PRINTER'S NO. 1755
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1499
Session of
2025
INTRODUCED BY FLICK, PROBST, COOPER, REICHARD, BOROWSKI, KHAN,
SCHLEGEL AND K.HARRIS, MAY 27, 2025
REFERRED TO COMMITTEE ON JUDICIARY, MAY 28, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for definitions, for award of custody, for standing for
partial physical custody and supervised physical custody, for
presumption in cases concerning primary physical custody, for
factors to consider when awarding custody, for consideration
of criminal conviction and for parenting plan; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5322 of Title 23 of the Pennsylvania
Consolidated Statutes, amended April 15, 2024 (P.L.24, No.8), is
amended to read:
§ 5322. Definitions.
(a) This chapter.--The following words and phrases when used
in this chapter shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Abuse." As follows:
(1) As defined in section 6102 (relating to
definitions). The term includes the crime of stalking
pursuant to 18 Pa.C.S. § 2709.1 (relating to stalking).
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(2) The term does not include the justified use of force
in self-protection or for the protection of other persons in
accordance with 18 Pa.C.S. § 505 (relating to use of force in
self-protection) by a party in response to abuse or domestic
abuse by the other party.
"Adult." An individual 18 years of age or older.
"Agency." Any organization, society, institution, court
facility or other entity which provides for the care of a child.
The term does not include a county children and youth social
service agency.
"Child." An unemancipated individual under 18 years of age.
"Equal parenting time." As close as practicable to 50% of
time spent with neither parent receiving over 60% of the time.
"Household member." A spouse or an individual who has been a
spouse, an individual living as a spouse or who lived as a
spouse, a parent or child, another individual related by
consanguinity or affinity, a current or former sexual or
intimate partner, an individual who shares biological parenthood
or any other person, who is currently sharing a household with
the child or a party.
"Legal custody." The right to make major decisions on behalf
of the child, including, but not limited to, medical, religious
and educational decisions.
"Nonprofessional supervised physical custody." Custodial
time during which an adult, designated by the court or agreed
upon by the parties, monitors the interaction between the child
and the individual with those rights.
"Parental duties." Includes meeting the physical, emotional
and social needs of the child.
["Partial physical custody." The right to assume physical
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custody of the child for less than a majority of the time.]
"Physical custody." The actual physical possession and
control of a child.
["Primary physical custody." The right to assume physical
custody of the child for the majority of time.]
"Professional supervised physical custody." Custodial time
during which a professional, with education and training on the
dynamics of domestic violence, sexual assault, child abuse,
trauma and the impact of domestic violence on children, oversees
the interaction between the child and the individual with those
custody rights and promotes the safety of the child during the
interaction.
"Relocation." A change in a residence of the child which
significantly impairs the ability of a nonrelocating party to
exercise custodial rights.
"Safety of the child." The term includes, but is not limited
to, the physical, emotional and psychological well-being of the
child.
"Shared legal custody." The right of more than one
individual to legal custody of the child.
"Shared physical custody." The right of more than one
individual to assume physical custody of the child[, each having
significant periods of physical custodial time with the child].
["Sole legal custody." The right of one individual to
exclusive legal custody of the child.
"Sole physical custody." The right of one individual to
exclusive physical custody of the child.]
"Supervised physical custody." Custodial time during which
an agency or an adult designated by the court or agreed upon by
the parties monitors the interaction between the child and the
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individual with those rights.
"Temporary housing instability." A period not to exceed six
months from the date of the last incident of abuse as determined
by a court.
(b) Other law.--In a statutory provision other than in this
chapter, when the term "visitation" is used in reference to
child c