Pennsylvania HB 378: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, further providing for factors to consider when awarding custody.

Bill Text

PRIOR PRINTER'S NO. 334 PRINTER'S NO. 1599
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 378
Session of
2025
INTRODUCED BY HANBIDGE, BRIGGS, KHAN, MAYES, KENYATTA, SANCHEZ,
HILL-EVANS, GIRAL, BURGOS, CEPEDA-FREYTIZ, MALAGARI, DONAHUE,
OTTEN, O'MARA, CERRATO, GREEN, SHUSTERMAN, ABNEY, K.HARRIS
AND FLEMING, JANUARY 28, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 5, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for factors to consider when awarding custody.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5328(a) of Title 23 of the Pennsylvania
Consolidated Statutes, amended April 15, 2024 (P.L.24, No.8), is
amended AND THE SECTION IS AMENDED BY ADDING A SUBSECTION to
read:
§ 5328. Factors to consider when awarding custody.
(a) Factors.--In ordering any form of custody, the court
shall determine the best interest of the child by considering
all relevant factors, giving substantial weighted consideration
to the factors specified under paragraphs (1), (2), (2.1) and
(2.2) which affect the safety of the child, including the
following:
(1) Which party is more likely to ensure the safety of
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the child.
(2) The present and past abuse committed by a party or
member of the party's household, which may include past or
current protection from abuse or sexual violence protection
orders where there has been a finding of abuse.
(2.1) The information set forth in section 5329.1(a)
(relating to consideration of child abuse and involvement
with protective services).
(2.2) Violent or assaultive behavior committed by a
party.
(2.3) [Which party is more likely to encourage and
permit frequent and continuing contact between the child and
another party if contact is consistent with the safety needs
of the child.] The level of cooperation and conflict between
the parties, including:
(i) which party is more likely to encourage and
permit frequent and continuing contact between the child
and the other party or parties if contact is consistent
with the safety needs of the child; and
(ii) the attempts by a party to turn the child
against the other party, except in cases of abuse where
reasonable safety measures are necessary to protect the
safety of the child. A party's good faith and reasonable
effort to protect the safety of a child or self shall not
be considered evidence of unwillingness or inability to
cooperate with the other party. A party's reasonable
concerns for the safety of the child and the party's
reasonable efforts to protect the child shall not be
considered attempts to turn the child against the other
party. A child's deficient or negative relationship with
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a party shall not be presumed to be caused by the other
party.
(3) [The parental duties performed by each party on
behalf of the child.] A willingness and ability of a party to
prioritize the needs of the child by providing appropriate
care, stability and continuity for the child, considering the
parental duties performed by the party on behalf of the child
in the past and whether the party is willing and able to
perform the duties in the future, and attend to the daily
physical, emotional, developmental, educational and special
needs of the child.
(4) The need for stability and continuity in the child's
education, family life and community life, except if changes
are necessary to protect the safety of the child or a party.
[(5) The availability of extended family.]
(6) The child's sibling and other familial
relationships.
(7) The well-reasoned preference of the child, based on
the child's developmental stage, maturity and judgment.
[(8) The attempts of a party to turn the child against
the other party, except in cases of abuse where reasonable
safety measures are necessary to protect the safety of the
child. A party's reasonable concerns for the safety of the
child and the party's reasonable efforts to protect the child
shall not be considered attempts to turn the child against
the other party. A child's deficient or negative relationship
with a party shall not be presumed to be caused by the other
party.
(9) Which party is more likely to maintain a loving,
stable, consistent and nurturing relationship with the child
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adequate for the child's emotional needs.
(10) Which party is more likely to attend to the daily
physical, emotional, developmental, educational and special
needs of the child.]
(11) The proximity of the residences of the parties.
(12) Each party's employment schedule and availability
to care for the child or ability to make appropriate child-
care arrangements.
[(13) The level of conflict between the parties and the
willingness and