Pennsylvania 2025-2026 Regular Session

Pennsylvania House Bill HB378

Introduced
1/28/25  
Refer
1/28/25  
Refer
5/5/25  
Report Pass
5/6/25  
Engrossed
5/6/25  
Refer
5/16/25  
Enrolled
6/30/25  
Chaptered
6/30/25  

Caption

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

Impact

By revising the custody evaluation process, HB378 establishes clearer guidelines for judges in family courts. The bill reinforces the existing statutes by adding factors that require substantial consideration of violence, abuse, and the safety needs of the child. This adjustment aims to protect children from potential harm by encouraging courts to take a more proactive stance in evaluating which party is likely to provide a safer and more stable environment. Under this new framework, families with histories of domestic violence may see a reevaluation of past custody decisions, potentially altering existing arrangements in favor of the child's safety.

Summary

House Bill 378 amends Title 23 of the Pennsylvania Consolidated Statutes, specifically addressing child custody considerations in the context of family law. This bill aims to enhance the factors that courts must consider when determining custody arrangements, with a particular focus on the safety of the child. It introduces new subsections that emphasize the significance of the present and past abusive behaviors of parties involved in custody disputes, thereby allowing for a more comprehensive evaluation of each party's suitability as a caregiver. The primary goal is to ensure that the child's best interests are prioritized during custody decisions.

Sentiment

The sentiment surrounding HB378 appears to be generally positive, particularly among advocates for child welfare and domestic violence survivors. Supporters argue that enhancing custody considerations in cases involving abuse will lead to better outcomes for children and promote their safety and stability. However, there may be concerns from some family law practitioners regarding the practical implications of these changes on the judicial process and potential delays in custody hearings as courts adapt to the new standards.

Contention

One notable point of contention regarding HB378 is the balance between protecting children from harmful situations and ensuring that all parties are treated fairly during custody hearings. Critics may express concerns that the new emphasis on abusive behavior could lead to potential misuse, where one party might accuse the other of abuse to gain an advantage in custody disputes. Additionally, there may be debates around the subjective nature of some of the factors listed in the bill and how they could impact judicial discretion. As such, ongoing discussions will likely continue as stakeholders assess the implications of this legislative change for Pennsylvania's family law system.

Companion Bills

No companion bills found.

Previously Filed As

PA HB2018

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

PA HB1684

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 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 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 HB1381

In juvenile matters, further providing for short title and purposes of chapter, for definitions, for scope of chapter, for powers and duties of probation officers, for summary offenses, for inspection of court files and records, for guardian ad litem for child in court proceedings, for transfer from criminal proceedings, for informal adjustment, for taking into custody, for detention of child, for release or delivery to court and for place of detention, providing for confinement in juvenile treatment facilities, further providing for notice and hearing, providing for questioning and interrogating a child, further providing for consent decree, providing for school stability for certain students, further providing for disposition of delinquent child, for limitation on and change in place of commitment and for transfer to criminal proceedings.

PA SB752

In juvenile matters, further providing for definitions, for powers and duties of probation officers and for informal adjustment, providing for requirement of diversion and further providing for taking into custody, for detention of child, for release or delivery to court, for release from detention or commencement of proceedings, for informal hearing, for release or holding of hearing, for consent decree, for disposition of delinquent child and for limitation on and change in place of commitment.

PA HB2157

In child custody, providing for gender identification.

Similar Bills

No similar bills found.