Custody law changes in PA

[Anjelita]

I ended up lucking out, father had not completed the psych evaluation so he couldn't be granted any type of visitation. He also said directly to the Judge that all of the parenting classes/anger management etc. was taking up too much time in his busy life and that he was not willing to waste any more of his time participating in any psych evaluations. The Judge told him he wont see my son until he completes it, to which he replied "that's fine with me", but then the Judge urged him that my son needs him in his life and how important it is that he be a part of it. I don't understand why a Judge would encourage a child abuser who willingly stated that he doesn't care to see my son anymore.

Anyway, I came across this this morning:

PhillyBurbs.com: New child custody rules taking effect

 

[LdiJ]

I ended up lucking out, father had not completed the psych evaluation so he couldn't be granted any type of visitation. He also said directly to the Judge that all of the parenting classes/anger management etc. was taking up too much time in his busy life and that he was not willing to waste any more of his time participating in any psych evaluations. The Judge told him he wont see my son until he completes it, to which he replied "that's fine with me", but then the Judge urged him that my son needs him in his life and how important it is that he be a part of it. I don't understand why a Judge would encourage a child abuser who willingly stated that he doesn't care to see my son anymore.

Anyway, I came across this this morning:

PhillyBurbs.com: New child custody rules taking effect

I couldn't make the link work but if you google the title and PA it comes right up.

There are some elements of the new laws that seem unconstitutional to me. Although I like the fact that it requires the judges to put their reasons for their decisions on the record.

 

[GinAA]

I couldn't make the link work but if you google the title and PA it comes right up.

There are some elements of the new laws that seem unconstitutional to me. Although I like the fact that it requires the judges to put their reasons for their decisions on the record.

That would be a great resource if all states required judes to do that. Would make things much easier to understand years down the road.

 

[Tex78704]

These changes refer to PA House Bill 1639 which is an overhaul of the existing PA custody statutes taking effect this month.
23 Pa.C.S.A. §5321-5340 is replacing 23.Pa.C.S.A. §5301-5315.

uponfurtherreview.philadelphiabar.org/page/Article?articleID=9bf034cf-2ffd-4e79-8128-a92061234cda[/B]]What You Need to Know About the New Custody Statute

However, as with other changes to custody statutes, they are not retroactive, and proceedings which were commenced prior to the new statutes taking effect are grandfathered in under the old statutes. So not sure why all the hallabaloo from the original attorney claiming the new laws were going to immediately affect his case was coming from. Other than an excuse to bail on this case for other reasons.

House Bill 1639
Section 4. A proceeding under the former provisions of 23 Pa.C.S. Ch. 53 which was commenced before the effective date of this section shall be governed by the law in effect at the time the proceeding was initiated.

The full draft of the revised statute (after omitting §5301-5315 and leaving the rest). There does not appear to be any clean copies available yet.

www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2009&sessInd=0&billBody=H&billTyp=B&billNbr=1639&pn=4468[/B]]Regular Session 2009-2010 House Bill 1639 P.N. 4468*

www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2009&sind=0&body=H&type=B&BN=1639[/B]]The Pennsylvania General Assembly