As of August 13, 2024, a number of changes have been made to the custody statute in Pennsylvania, which may impact your current or future child custody matter. The custody statute has always emphasized the physical safety of children, however, now there are further requirements on the court and the parties to best eliminate any true concerns.

If physical abuse is raised as an issue in a custody matter, the burden is on the parent making the allegation to provide evidence to the court. In the event the court finds that abuse has occurred and there is an ongoing risk to the child, the court must order supervised physical custody by a professional or non-professional supervisor. There is a further requirement that the proposed supervisor must be present in the courtroom and execute documentation acknowledging their role and responsibilities.

In addition, the court is required to hold hearings as to the child’s physical safety if a parent or any household member has certain criminal convictions, pending charges, prior interactions with Children and Youth or domestic violence orders. As noted, this applies not only to the parents, but any member of their household. Therefore, it is important to know the background, especially criminal background, of anyone residing with you, even on a temporary basis.

If you are currently engaged in custody litigation or soon will be, please contact the AMM Family Law Department for more information.