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.

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
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in child custody, further providing
 3      for definitions, for award of custody, for standing for
 4      partial physical custody and supervised physical custody, for
 5      presumption in cases concerning primary physical custody, for
 6      factors to consider when awarding custody, for consideration
 7      of criminal conviction and for parenting plan; and making
 8      editorial changes.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.     Section 5322 of Title 23 of the Pennsylvania
12   Consolidated Statutes, amended April 15, 2024 (P.L.24, No.8), is
13   amended to read:
14   § 5322.    Definitions.
15      (a)    This chapter.--The following words and phrases when used
16   in this chapter shall have the meanings given to them in this
17   section unless the context clearly indicates otherwise:
18      "Abuse."     As follows:
19             (1)   As defined in section 6102 (relating to
20      definitions). The term includes the crime of stalking
21      pursuant to 18 Pa.C.S. § 2709.1 (relating to stalking).
 1          (2)     The term does not include the justified use of force
 2      in self-protection or for the protection of other persons in
 3      accordance with 18 Pa.C.S. § 505 (relating to use of force in
 4      self-protection) by a party in response to abuse or domestic
 5      abuse by the other party.
 6      "Adult."    An individual 18 years of age or older.
 7      "Agency."    Any organization, society, institution, court
 8   facility or other entity which provides for the care of a child.
 9   The term does not include a county children and youth social
10   service agency.
11      "Child."    An unemancipated individual under 18 years of age.
12      "Equal parenting time."    As close as practicable to 50% of
13   time spent with neither parent receiving over 60% of the time.
14      "Household member."    A spouse or an individual who has been a
15   spouse, an individual living as a spouse or who lived as a
16   spouse, a parent or child, another individual related by
17   consanguinity or affinity, a current or former sexual or
18   intimate partner, an individual who shares biological parenthood
19   or any other person, who is currently sharing a household with
20   the child or a party.
21      "Legal custody."     The right to make major decisions on behalf
22   of the child, including, but not limited to, medical, religious
23   and educational decisions.
24      "Nonprofessional supervised physical custody."    Custodial
25   time during which an adult, designated by the court or agreed
26   upon by the parties, monitors the interaction between the child
27   and the individual with those rights.
28      "Parental duties."    Includes meeting the physical, emotional
29   and social needs of the child.
30      ["Partial physical custody."     The right to assume physical

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 1   custody of the child for less than a majority of the time.]
 2      "Physical custody."   The actual physical possession and
 3   control of a child.
 4      ["Primary physical custody."     The right to assume physical
 5   custody of the child for the majority of time.]
 6      "Professional supervised physical custody."      Custodial time
 7   during which a professional, with education and training on the
 8   dynamics of domestic violence, sexual assault, child abuse,
 9   trauma and the impact of domestic violence on children, oversees
10   the interaction between the child and the individual with those
11   custody rights and promotes the safety of the child during the
12   interaction.
13      "Relocation."   A change in a residence of the child which
14   significantly impairs the ability of a nonrelocating party to
15   exercise custodial rights.
16      "Safety of the child."    The term includes, but is not limited
17   to, the physical, emotional and psychological well-being of the
18   child.
19      "Shared legal custody."    The right of more than one
20   individual to legal custody of the child.
21      "Shared physical custody."    The right of more than one
22   individual to assume physical custody of the child[, each having
23   significant periods of physical custodial time with the child].
24      ["Sole legal custody."    The right of one individual to
25   exclusive legal custody of the child.
26      "Sole physical custody."    The right of one individual to
27   exclusive physical custody of the child.]
28      "Supervised physical custody."       Custodial time during which
29   an agency or an adult designated by the court or agreed upon by
30   the parties monitors the interaction between the child and the

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 1   individual with those rights.
 2      "Temporary housing instability."       A period not to exceed six
 3   months from the date of the last incident of abuse as determined
 4   by a court.
 5      (b)     Other law.--In a statutory provision other than in this
 6   chapter, when the term "visitation" is used in reference to
 7   child custody, the term may be construed to mean[:
 8             (1)    partial physical custody;
 9             (2)    shared physical custody; or
10             (3)    supervised physical custody.] shared or limited
11      physical custody, including supervised physical custody.
12      Section 2.      Section 5323(a)(2) and (3), (b) and (d) of Title
13   23 are amended and the section is amended by adding subsections
14   to read:
15   § 5323.    Award of custody.
16      (a)     Types of award.--After considering the factors set forth
17   in section 5328 (relating to factors to consider when awarding
18   custody), the court may award any of the following types of
19   custody if it is in the best interest of the child:
20             * * *
21             [(2)    Primary physical custody.
22             (3)    Partial physical custody.]
23             * * *
24      [(b)    Interim award.--The court may issue an interim award of
25   custody to a party who has standing under section 5324 (relating
26   to standing for any form of physical custody or legal custody)
27   or 5325 (relating to standing for partial physical custody and
28   supervised physical custody) in the manner prescribed by the
29   Pennsylvania Rules of Civil Procedure governing special relief
30   in custody matters.]

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 1    (b.1)   Temporary custody orders.--
 2        (1)   A party to a custody proceeding may move for a
 3    temporary custody order. The following apply:
 4              (i)    The motion must be supported by an affidavit as
 5        provided in subsection (b.2).
 6              (ii)    The court may award temporary custody under the
 7        standards of subsection (b.2) after a hearing or, if
 8        there is no objection, solely on the basis of the
 9        affidavits.
10              (iii)   If the parties present a temporary custody
11        agreement and mutually agreed upon plan for parenting
12        time and the court confirms that the agreement is in the
13        best interest of the child, the agreement shall become
14        the temporary custody order of the court.
15        (2)   Subject to subsection (b.2), in making an order for
16    temporary custody, there shall be a presumption, rebuttable
17    by clear and convincing evidence, that shared physical
18    custody, shared legal custody and equal parenting time are in
19    the best interest of the child.
20        (3)   If a deviation from equal parenting time is
21    warranted, the court shall construct a parenting time
22    schedule which maximizes the time that each party has with
23    the child and is consistent with ensuring the best interest
24    of the child.
25        (4)   Each temporary custody order shall include specific
26    findings of fact and conclusions of law, except when the
27    court confirms the agreement of the parties in accordance
28    with paragraph (1)(iii).
29        (5)   A temporary custody order shall address the
30    circumstances in which a custody exchange will occur.

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 1            (6)   Modification of a temporary custody order may be
 2      sought if there is a material and substantial change in the
 3      circumstances of the parties or child.
 4            (7)   If a proceeding for dissolution of marriage or legal
 5      separation is dismissed, a temporary custody order is vacated
 6      unless a party moves that the proceeding continue as a
 7      custody proceeding and the court finds, after a hearing, that
 8      the circumstances of the parties and the best interest of the
 9      child require that a custody order be issued.
10            (8)   If a custody proceeding that commenced in the
11      absence of a petition for dissolution of marriage or legal
12      separation is dismissed, a temporary custody order is
13      vacated.
14      (b.2)   Affidavits, notice and hearing.--A party seeking a
15   temporary custody order under subsection (b.1) shall submit an
16   affidavit specifying facts supporting the requested order. The
17   following apply:
18            (1)   The party shall give notice, together with a copy of
19      the affidavit, to other parties to the proceeding, who may
20      file opposing affidavits.
21            (2)   The court shall deny the motion for the temporary
22      custody order unless the court finds that adequate cause for
23      hearing the motion is established by the affidavits, in which
24      case the court shall set a date for the hearing on an order
25      to show cause why the requested order should not be granted.
26      * * *
27      (d)   Reasons for award.--The court shall delineate the
28   reasons for its decision [on the record in open court or] in an
29   award of custody, including an interim award, in a written
30   opinion or order. The opinion or order shall include, with

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 1   specificity, the reasons for any deviation from equal parenting
 2   time.
 3      * * *
 4      Section 3.     Sections 5325 heading and introductory paragraph,
 5   5326 and 5327 heading and (a) of Title 23 are amended to read:
 6   § 5325.    [Standing] Grandparent standing for [partial] shared
 7                 physical custody and supervised physical custody.
 8      In addition to situations set forth in section 5324 (relating
 9   to standing for any form of physical custody or legal custody),
10   grandparents and great-grandparents may file an action under
11   this chapter for [partial] shared physical custody or supervised
12   physical custody in the following situations:
13             * * *
14   § 5326.    Effect of adoption.
15      Any rights to seek physical custody or legal custody rights
16   and any custody rights that have been granted under section 5324
17   (relating to standing for any form of physical custody or legal
18   custody) or 5325 (relating to grandparent standing for [partial]
19   shared physical custody and supervised physical custody) to a
20   grandparent or great-grandparent prior to the adoption of the
21   child by an individual other than a stepparent, grandparent or
22   great-grandparent shall be automatically terminated upon such
23   adoption.
24   § 5327.    [Presumption in cases concerning primary physical
25                 custody.] Presumptions.
26      (a)    Between parents.--In any action regarding the custody of
27   the child between the parents of the child, there shall be [no
28   presumption that custody should be awarded to a particular
29   parent.] a presumption, rebuttable by clear and convincing
30   evidence, that shared physical and legal custody and equal

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 1   parenting time is in the best interest of the child. The
 2   presumption that shared physical and legal custody and equal
 3   parenting time is in the best interest of the child under this
 4   subsection may be rebutted if:
 5             (1)   the court finds by clear and convincing evidence
 6      that joint custody is not in the best interest of the child;
 7             (2)   the parents have reached an agreement on all issues
 8      related to the custody of the child; or
 9             (3)   one of the parents does not request shared physical
10      and legal custody or equal parenting time.
11      * * *
12      Section 4.     Section 5328(a) and (c) of Title 23, amended
13   April 15, 2024 (P.L.24, No.8), are amended to read:
14   § 5328.    Factors to consider when awarding custody.
15      (a)    Factors.--In ordering any form of custody, the court
16   shall determine the best interest of the child by considering
17   all relevant factors, [giving substantial weighted consideration
18   to the factors specified under paragraphs (1), (2), (2.1) and
19   (2.2) which affect the safety of the child, including the
20   following:
21             (1)   Which party is more likely to ensure the safety of
22      the child.
23             (2)   The present and past abuse committed by a party or
24      member of the party's household, which may include past or
25      current protection from abuse or sexual violence protection
26      orders where there has been a finding of abuse.
27             (2.1)   The information set forth in section 5329.1(a)
28      (relating to consideration of child abuse and involvement
29      with protective services).
30             (2.2)   Violent or assaultive behavior committed by a

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 1    party.
 2        (2.3)     Which party is more likely to encourage and permit
 3    frequent and continuing contact between the child and another
 4    party if contact is consistent with the safety needs of the
 5    child.
 6        (3)    The parental duties performed by each party on
 7    behalf of the child.
 8        (4)    The need for stability and continuity in the child's
 9    education, family life and community life, except if changes
10    are necessary to protect the safety of the child or a party.
11        (5)    The availability of extended family.
12        (6)    The child's sibling relationships.
13        (7)    The well-reasoned preference of the child, based on
14    the child's developmental stage, maturity and judgment.
15        (8)    The attempts of a party to turn the child against
16    the other party, except in cases of abuse where reasonable
17    safety measures are necessary to protect the safety of the
18    child. A party's reasonable concerns for the safety of the
19    child and the party's reasonable efforts to protect the child
20    shall not be considered attempts to turn the child against
21    the other party. A child's deficient or negative relationship
22    with a party shall not be presumed to be caused by the other
23    party.
24        (9)    Which party is more likely to maintain a loving,
25    stable, consistent and nurturing relationship with the child
26    adequate for the child's emotional needs.
27        (10)    Which party is more likely to attend to the daily
28    physical, emotional, developmental, educational and special
29    needs of the child.
30        (11)    The proximity of the residences of the parties.

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 1          (12)    Each party's availability to care for the child or
 2    ability to make appropriate child-care arrangements.
 3          (13)    The level of conflict between the parties and the
 4    willingness and ability of the parties to cooperate with one
 5    another. A party's effort to protect a child or self from
 6    abuse by another party is not evidence of unwillingness or
 7    inability to cooperate with that party.
 8          (14)    The history of drug or alcohol abuse of a party or
 9    member of a party's household.
10          (15)    The mental and physical condition of a party or
11    member of a party's household.
12          (16)    Any other relevant factor.] including past abuse
13    committed by a party or member of the party's household, the
14    level of conflict between the parties and the willingness and
15    ability of the parties to cooperate with one another.
16    * * *
17    (c)   Grandparents and great-grandparents.--
18          (1)    In ordering [partial] shared physical custody or
19    supervised physical custody to a party who has standing under
20    section 5325(1) or (2) (relating to grandparent standing for
21    [partial] shared physical custody and supervised physical
22    custody), the court shall consider the following:
23                 (i)    the amount of personal contact between the child
24          and the party prior to the filing of the action;
25                 (ii)    whether the award interferes with any parent-
26          child relationship; and
27                 (iii)   whether the award is in the best interest of
28          the child.
29          (2)    In ordering [partial] shared physical custody or
30    supervised physical custody to a parent's parent or

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 1      grandparent who has standing under section 5325(3), the court
 2      shall consider whether the award:
 3                   (i)    interferes with any parent-child relationship;
 4             and
 5                   (ii)    is in the best interest of the child.
 6      Section 5.         Sections 5329(b), 5329.1(b)(1) and (2) and
 7   5331(c) of Title 23 are amended to read:
 8   § 5329.    Consideration of criminal conviction.
 9      * * *
10      (b)    Parent convicted of murder.--No court shall award
11   [custody, partial custody or supervised physical] custody to a
12   parent who has been convicted of murder under 18 Pa.C.S. §
13   2502(a) (relating to murder) of the other parent of the child
14   who is the subject of the order unless the child is of suitable
15   age and consents to the order.
16      * * *
17   § 5329.1.       Consideration of child abuse and involvement with
18                   protective services.
19      * * *
20      (b)    Cooperation.--The following apply:
21             (1)    The Department of [Public Welfare] Human Services
22      and the county children and youth social service agency shall
23      fully cooperate with the court and assist the court in
24      fulfilling its duties under this section.
25             (2)    The Department of [Public Welfare] Human Services
26      and the county children and youth social service agency shall
27      fully cooperate with the governing authority in order to
28      implement the provisions of this section.
29             * * *
30   § 5331.    Parenting plan.

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 1      * * *
 2      (c)   Form.--If the court orders the parties to propose a
 3   parenting plan, it shall be submitted to the court in
 4   substantially the following form:
 5                                CAPTION
 6                             PARENTING PLAN
 7   This parenting plan involves the following child/children:
 8      Child's Name             Age        Where does this child live?
 9   1................... .............. ...........................
10   2................... .............. ...........................
11   3................... .............. ...........................
12   If you have children not addressed by this parenting plan, name
13   here:
14      Child's Name             Age        Where does this child live?
15   1................... .............. ...........................
16   2................... .............. ...........................
17   3................... .............. ...........................
18   Legal Custody (who makes decisions about certain things):
19                               Circle one
20   Diet.......... Both parties decide together / Plaintiff /
21   Defendant
22   Religion....... Both parties decide together / Plaintiff /
23   Defendant
24   Medical Care... Both parties decide together / Plaintiff /
25   Defendant
26   Mental Health Care... Both parties decide together / Plaintiff /
27   Defendant
28   Discipline..... Both parents decide together / Plaintiff /
29   Defendant
30   Choice of School.... Both parents decide together / Plaintiff /

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 1   Defendant
 2   Choice of Study..... Both parents decide together / Plaintiff /
 3   Defendant
 4   School Activities... Both parents decide together / Plaintiff /
 5   Defendant
 6   Sports Activities... Both parents decide together / Plaintiff /
 7   Defendant
 8   Additional Items... Both parents decide together / Plaintiff /
 9   Defendant
10   Explain what process you will use to make decisions?
11   (For example, the parent confronted with or anticipating the
12   choice will call the other parent when the choice presents
13   itself, and the other parent must agree or disagree within 24
14   hours of any deadline)
15   ...............................................................
16   ...............................................................
17   Physical Custody (where the child/children live)
18   The child's/children's residence [is with] will be presumed to
19   be at the home of both parents. If the parties have agreed
20   otherwise, please state where the child/children
21   reside.........................
22   Describe which days and which times of the day the
23   child/children will be with each person:
24   Sunday   Monday   Tuesday   Wednesday    Thursday   Friday   Saturday
25      ........................................................
26   Describe where and when the child/children will be dropped off
27   and/or picked up (day and time of day)?
28   Drop-Off
29      Where...................................................
30      When....................................................

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 1      ........................................................
 2   Pick-Up
 3      Where ...................................................
 4      When ....................................................
 5      .........................................................
 6   If one of you doesn't show up, how long will the other
 7   wait?.......................................................
 8   If there are any extraordinary costs (taxi, train, airplane,
 9   etc.), who will pay for which costs?
10   ...........................................................
11   ...........................................................
12   HOLIDAYS
13   Where will the child/children stay?
14   HOLIDAY                           YEAR A    YEAR B    EVERY YEAR
15   Martin Luther King Day         .......... .......... ...........
16   President's Day                .......... .......... ...........
17   Easter                         .......... .......... ...........
18   Memorial Day                   .......... .......... ...........
19   Fourth of July                 .......... .......... ...........
20   Labor Day                      .......... .......... ...........
21   Yom Kippur                     .......... .......... ...........
22   Rosh Hashanah                  .......... .......... ...........
23   Thanksgiving                   .......... .......... ...........
24   Vacation after Thanksgiving    .......... .......... ...........
25   Christmas Vacation             .......... .......... ...........
26   Kwanzaa                        .......... .......... ...........
27   New Year's Eve/Day             .......... .......... ...........
28   Spring Vacation                .......... .......... ...........
29   Easter Sunday                  .......... .......... ...........
30   Child's Birthday               .......... .......... ...........

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 1   Mother's Day                  .......... .......... ...........
 2   Father's Day                  .......... .......... ...........
 3   Other                         .......... .......... ...........
 4   Other                         .......... .......... ...........
 5   Other                         .......... .......... ...........
 6   Summer Vacation Plans
 7   .............................................................
 8   .............................................................
 9   Special Activities or School Activities
10                                Will both of you attend?
11   Child's Name      Activity   If not, which of you will attend?
12   ................. .......... ..................................
13   ................. .......... ..................................
14   ................. .......... ..................................
15   Temporary changes to this parenting schedule
16   From time to time, one of you might want or need to rearrange
17   the parenting time schedule due to work, family or other events.
18   You can attempt to agree on these changes. If you cannot agree,
19   the parent receiving the request will make the final decision.
20   The parent asking for the change will ask......in
21   person........by letter/mail.....by phone
22   No later than
23   ....12 hours..... 24 hours.... 1 week..... 1 month
24   The parent being asked for a change will reply
25   .... in person..... by letter/mail..... by phone
26   No later than
27   ..... 12 hours....... 24 hours........ 1 week....... 1 month
28   May parents contact one another?..............................
29   When the child/children is/are with one of you, how may they
30   contact the other parent?.......................................

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 1   ................................................................
 2   When and how may ............contact the child?
 3   ................................................................
 4   ................................................................
 5   In the event that proposed changes, disputes or alleged breaches
 6   of this parenting plan and custody order are necessary or
 7   desired, the parties agree that such changes will be addressed
 8   by the following method (specify method of arbitration,
 9   mediation, court action, etc.):
10   ................................................................
11   ................................................................
12   The following matter or matters as specified by the court:
13   ................................................................
14   ................................................................
15   Other (Anything else you want to agree on):
16   ................................................................
17   ................................................................
18   ................................................................
19   Date........................... ................................
20                                     Signature of Mother
21   Date........................... ................................
22                                     Signature of Father
23   Date........................... ................................
24                                     Signature of Witness
25      Section 6.   This act shall take effect in 60 days.




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