HB 714 — An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, providing for sibling visitation rights.

PRINTER'S NO.    733

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 714
                                                 Session of
                                                   2025

     INTRODUCED BY WENTLING AND SCIALABBA, FEBRUARY 24, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 24, 2025


                                      AN ACT
 1   Amending Title 23 (Domestic Relations) of the Pennsylvania
 2      Consolidated Statutes, in child custody, providing for
 3      sibling visitation rights.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.      Title 23 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 5325.1.      Sibling visitation rights.
 9      (a)   Petition.--Upon the filing of a petition for visitation
10   by a petitioner, or by a parent or legal guardian of a
11   petitioner if the petitioner is not an adult and the parent or
12   legal guardian is acting on behalf of the petitioner, the court
13   may award reasonable visitation to the petitioner in accordance
14   with this section.
15      (b)   Considerations.--In determining whether to award
16   reasonable visitation to a petitioner, a court shall consider:
17            (1)    The best interests of the child in accordance with
18      section 5328 (relating to factors to consider when awarding
19      custody).
 1            (2)   Whether the petitioner is a fit and proper
 2      individual to have visitation with the child.
 3            (3)   Whether the petitioner has attempted to visit or
 4      otherwise spend time with the child during the 30 days
 5      immediately preceding the filing of the petition but was not
 6      allowed to visit or otherwise spend time with the child
 7      during that period as a direct result of the actions of an
 8      individual with physical custody of the child.
 9            (4)   Whether there is any other way for the petitioner to
10      have visitation with the child without court intervention.
11            (5)   Whether the petitioner has shown by clear and
12      convincing evidence that the refusal, by an individual with
13      physical custody of the child, to permit the petitioner to
14      have visitation with the child is unreasonable.
15      (c)   Construction.--This section shall not be construed to
16   affect any rights regarding standing or the award of custody
17   under this chapter.
18      (d)   Definitions.--As used in this section, the following
19   words and phrases shall have the meanings given to them in this
20   subsection unless the context clearly indicates otherwise:
21      "Petitioner."    An individual who is a sibling of a child and
22   who is seeking visitation with the child.
23      "Sibling."    A brother, sister, half-brother, half-sister,
24   stepbrother or stepsister.
25      "Visitation."    As follows:
26            (1)   The right to visit or otherwise spend time with a
27      child who is a sibling.
28            (2)   The term does not include the right to partial
29      physical custody, primary physical custody, shared physical
30      custody, sole physical custody or supervised physical

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1     custody.
2     Section 2.    This act shall take effect in 60 days.




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