HB 1412 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, further providing for modification of existing order.

PRINTER'S NO.   1613

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1412
                                                  Session of
                                                    2025

     INTRODUCED BY SHUSTERMAN, HANBIDGE, BURGOS, HILL-EVANS, GIRAL,
        SANCHEZ, DEASY, CERRATO, CEPEDA-FREYTIZ, DONAHUE, GREEN AND
        PASHINSKI, MAY 5, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, MAY 6, 2025


                                      AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in child custody, further providing
 3      for modification of existing order.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Section 5338 of Title 23 of the Pennsylvania
 7   Consolidated Statutes is amended to read:
 8   § 5338.    Modification of existing order.
 9      (a)    Best interest of the child.--Upon petition, a court may
10   modify a custody order to serve the best interest of the
11   child[.] if the petitioner demonstrates a material change in
12   circumstances, except as provided in subsection (d), in which
13   case a showing of material change shall not be required.
14      (b)    Applicability.--
15             (1)   Except as provided in 51 Pa.C.S. § 4109 (relating to
16      child custody proceedings during military deployment) and
17      paragraph (2), this section shall apply to any custody order
18      entered by a court of this Commonwealth or any other state
 1      subject to the jurisdictional requirements set forth in
 2      Chapter 54 (relating to uniform child custody jurisdiction
 3      and enforcement).
 4            (2)   A custody order entered prior to the effective date
 5      of this paragraph shall be modifiable without the necessity
 6      of demonstrating a material change in circumstances.
 7      (c)   Dismissal.--Failure to demonstrate a material change of
 8   circumstances may result in the dismissal of the party's
 9   pleading or petition. For a case dismissed under this
10   subsection, the court shall not be required to address the
11   factors specified in section 5328 (relating to factors to
12   consider when awarding custody).
13      (d)   Modification.--If a court determines that the best
14   interests of the child requires modification of an existing
15   order, the court may permit modification of the order without
16   requiring the parties to demonstrate a material change in
17   circumstances.
18      Section 2.    This act shall take effect in 60 days.




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