Major Change in Child Custody Law Proposed in House Bill 463
Posted By L. Anthony Bompiani, Esquire on May 22, 2009 9:35am PDT
Representative Robert E. Belfanti, Jr. (D) of the 107th Legislative District of Pennsylvania (Montour County and part of Northumberland County), is the prime sponsor of House Bill 463. The bill, if passed could have a major impact on child custody cases in Pennsylvania as an amendment to Section 5303 of Title 23.
The new law would require that "An order for joint custody shall be
awarded by the court unless the court finds that joint custody is not
in the best interest of the child." Furthermore, the law would
establish a "rebuttable presumption that an award of joint custody is
in the best interest of the child." It also would require the court to
"state on record the reason for any award other than an award of joint
custody."
The way the law stands now, there is no such presumption. In fact, an
order for joint custody (50/50 physical custody) is rarely entered
without a fight.
How do you feel about PA HB 463? Leave your comments and thoughts. More importantly, you should contact your local representative to voice your opinions.