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Pennsylvania Bar Association Applauds Comprehensive Revision of Pennsylvania Custody Law

HARRISBURG (Nov. 24, 2010) - Leaders of the Pennsylvania Bar Association are applauding legislative passage and Governor Ed Rendell's signing of House Bill 1639, which provides for major revisions in the state's child custody law.

"This is the most comprehensive overhaul of laws impacting custody matters for Pennsylvania families in decades," said Gretchen A. Mundorff, president, Pennsylvania Bar Association. "The new legislation provides our courts with an extensive list of factors that must be considered when awarding custody with the intent of keeping the interests of the children in the forefront."

Under the new legislation, the court must consider the following factors when determining custody matters:

  • which adult party is more likely to encourage and permit frequent and continued contact between the child and the other adult party
  • the parental duties performed by each party on behalf of the child
  • the need for stability and continuity in the child's education, family life and community life
  • the availability of extended family
  • the child's sibling relationships

The legislation also provides for duties of guardians appointed by the court to represent the interests of minors and includes a framework for judges to use when making decisions in child relocation cases. In addition, judges are mandated to state on the record their reasons for custody decisions.

"Members of the Pennsylvania Bar Association worked extensively with staff members of the House and Senate judiciary committees to help shape the legislation to be in the best interests of Pennsylvania's children," said Cheryl L. Young, chair of the association's Family Law Section. "We applaud the bipartisan support for the major child custody revisions and offer special thanks to Representative Kathy Manderino, the bill's primary sponsor, and to Senator Stewart Greenleaf, who has supported this legislative initiative during this session and previous sessions."

Founded in 1895, the Pennsylvania Bar Association strives to promote justice, professional excellence and respect for the law; improve public understanding of the legal system; facilitate access to legal services; and serve the 29,000 lawyers who are members of the association.