PA
Pennsylvania House Bill HB1684

Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1684

Introduced
9/19/23  
Refer
9/19/23  

Caption

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.

Impact

The proposed changes could significantly alter how child custody cases are navigated within Pennsylvania. By emphasizing equal parenting time and providing a clear framework for custody agreements, the bill aims to enhance the welfare of children by fostering their relationships with both parents. The amendments would also reinforce the necessity of maintaining stability for children during custody proceedings. However, concerns persist regarding the enforcement and practical application of these changes, particularly in contentious divorce situations where one parent's actions may jeopardize the other's custodial rights.

Summary

House Bill 1684 focuses on amending Pennsylvania's Title 23, which governs domestic relations, particularly in the context of child custody. The bill seeks to redefine several concepts related to custody including the definitions of various types of custody and the factors that courts should consider when awarding custody. Notably, HB1684 promotes a presumption in favor of shared physical and legal custody, thereby aiming to establish equality in parenting time whenever feasible. It also expands the legal standing for grandparents and great-grandparents to seek custody under certain circumstances, enhancing their roles in custodial matters concerning grandchildren.

Sentiment

There appears to be a mixed sentiment surrounding HB1684. Proponents argue that it positively addresses the need for more equitable outcomes in custody cases and prioritizes the child's best interests, foresightfully including provisions for extended family involvement. However, some critics express apprehension regarding the challenges of effectively implementing shared custody arrangements, especially in cases marked by conflict or domestic issues. The sentiment underscores a balance between fostering family unity and recognizing the complexities inherent in custody disputes.

Contention

Points of contention include the provisions related to the automatic presumption of equal custody arrangements, which some argue could overlook the unique dynamics of individual family situations. Critics fear that this approach might not adequately account for cases that involve a history of domestic violence or substance abuse, potentially risking children's safety. Additionally, the expanded rights for grandparents raise questions about their roles and influence within family custody disputes, with concerns about potential conflicts arising from their involvement.

Latest HB1684 Activity

Companion Bills

No companion bills found.

Previously Filed As

PA HB1499

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.

PA HB378

In child custody, further providing for factors to consider when awarding custody.

PA HB2504

In child custody, further providing for standing for partial physical custody and supervised physical custody.

PA HB2506

In support matters generally, further providing for support guideline; and, in child custody, further providing for definitions, for award of custody and for presumption in cases concerning primary physical custody.

PA HB2018

In child custody, further providing for factors to consider when awarding custody.

PA HB2326

Adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for diversions and dispositional departures.

PA SB55

In child custody, further providing for definitions, for award of custody, for factors to consider when awarding custody, for consideration of criminal conviction, for guardian ad litem for child, for counsel for child and for award of counsel fees, costs and expenses; and, in Administrative Office of Pennsylvania Courts, providing for child abuse and domestic abuse education and training program for judges and court personnel.

PA HB1928

In child custody, further providing for definitions, for award of custody, for factors to consider when awarding custody, for consideration of criminal conviction, for guardian ad litem for child, for counsel for child and for award of counsel fees, costs and expenses; and, in Administrative Office of Pennsylvania Courts, providing for child abuse and domestic abuse education and training program for judges and court personnel.

PA HB288

In child custody, further providing for factors to consider when awarding custody and providing for solicitation and consideration of family finding and kinship care provider testimony.

PA HB19

Child custody; rebuttable presumption of joint physical custody and substantial parenting time created, final order of the court further provided for

Similar Bills

PA HB378

In child custody, further providing for factors to consider when awarding custody.

PA HB1499

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.

MS HB1388

Divorce and alimony; bring forward statutes relating to.

LA SB134

Provides for parental authority of married persons, obligations of children, parents, and other ascendants, and provisional custody by mandate. (1/1/16) (EN NO IMPACT See Note)

KS SB217

Including the conduct of utilizing any electronic tracking system or acquiring tracking information to determine the targeted persons location, movement or travel patterns in the crime of stalking when done as part of an unlawful course of conduct and authorizing orders to prohibit such conduct under the Kansas family law code, the revised Kansas code for care of children, the protection from abuse act and the protection from stalking, sexual assault or human trafficking act and increasing the time of an initial restraining order and possible extensions issued in a protection from abuse order or a protection from stalking, sexual assault or human trafficking order.

HI HB879

Relating To The Child Protective Act.

HI HB879

Relating To The Child Protective Act.

IA HSB505

A bill for an act relating to replacement of the term visitation with the term parenting time relative to time awarded to a parent.(See HF 2102.)