PRINTER'S NO. 1523
No. 1239 Session of 2003
INTRODUCED BY HABAY, BELFANTI, ARMSTRONG, CLYMER, CRAHALLA,
CREIGHTON, DeWEESE, HENNESSEY, HORSEY, JAMES, LAUGHLIN,
LEACH, LEWIS, PHILLIPS, T. STEVENSON, E. Z. TAYLOR, WANSACZ,
WASHINGTON AND YOUNGBLOOD, APRIL 29, 2003
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 29, 2003
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for custody when
3 parents' marriage is dissolved or parents are separated.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5312 of Title 23 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 5312. When parents' marriage is dissolved or parents are
9 separated.
10 (a) General rule.--In all proceedings for dissolution,
11 subsequent to the commencement of the proceeding and continuing
12 thereafter or when parents have been separated for six months or
13 more, the court may, upon application of the parent or
14 grandparent of a party, grant reasonable partial custody or
15 visitation rights, or both, to the unmarried child if it finds
16 that visitation rights or partial custody, or both, would be in
17 the best interest of the child and would not interfere with the
1 parent-child relationship. The court shall consider the amount
2 of personal contact between the parents or grandparents of the
3 party and the child prior to the application.
4 (b) Time period for hearing.--Within 30 days of the
5 commencement of an action in divorce, the court shall conduct a
6 hearing for partial custody or visitation rights, or both, to
7 the unmarried child if application of the parent or grandparent
8 of a party is made for such a hearing on the date the action is
9 commenced.
10 Section 2. This act shall take effect in 60 days.
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