reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 51 - General Provisions › Section 5102 - Children declared to be legitimate

§ 5102. Children declared to be legitimate.
(a) General rule.--
All children shall be legitimate irrespective of the marital status of their parents, and, in every case where children are born out of wedlock, they shall enjoy all the rights and privileges as if they had been born during the wedlock of their parents except as otherwise provided in Title 20 (relating to decedents, estates and fiduciaries).
(b) Determination of paternity.--
For purposes of prescribing benefits to children born out of wedlock by, from and through the father, paternity shall be determined by any one of the following ways:
(1) If the parents of a child born out of wedlock have married each other.
(2) If, during the lifetime of the child, it is determined by clear and convincing evidence that the father openly holds out the child to be his and either receives the child into his home or provides support for the child.
(3) If there is clear and convincing evidence that the man was the father of the child, which may include a prior court determination of paternity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 51 - General Provisions › Section 5105 - Fingerprinting of children

§ 5105. Fingerprinting of children.
Notwithstanding the provisions of 54 Pa.C.S. § 702(b) (relating to change by order of court), a child who is 12 years of age or younger shall not be required to submit a set of fingerprints for the purpose of a name change under 54 Pa.C.S. Ch. 7 (relating to judicial change of name).
(Dec. 15, 1998, P.L.963, No.127, eff. imd.)
1998 Amendment.
Act 127 added section 5105.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5202 - Definitions

§ 5202. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Abduction."
The wrongful removal or wrongful retention of a child.
"Child."
An unemancipated individual who is under 18 years of age.
"Child custody determination."
Any judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order.
"Child custody proceeding."
A proceeding in which legal custody, physical custody or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence.
"Court."
An entity authorized under the law of a state to establish, enforce or modify a child custody determination.
"Petition."
A motion or its equivalent.
"Record."
Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"State."
A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation.
"Travel document."
Records relating to a travel itinerary, including travel tickets, passes, reservations for transportation or accommodations. The term does not include a passport or visa.
"Wrongful removal."
The taking of a child that breaches rights of custody or visitation given or recognized under the laws of this Commonwealth.
"Wrongful retention."
The keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the laws of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5203 - Cooperation and communication among courts

§ 5203. Cooperation and communication among courts.
Sections 5410 (relating to communication between courts), 5411 (relating to taking testimony in another state) and 5412 (relating to cooperation between courts; preservation of records) apply to cooperation and communication among courts in proceedings under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5204 - Actions for abduction prevention measures

§ 5204. Actions for abduction prevention measures.
(a) Court.--
A court on its own motion may order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.
(b) Party.--
A party to a child custody determination or another individual or entity having a right under the laws of this Commonwealth or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter.
(c) Prosecutors or public officials.--
A prosecutor or public authority designated under section 5455 (relating to role of prosecutor or public official) may seek a warrant to take physical custody of a child under section 5209 (relating to warrant to take physical custody of child) or other appropriate prevention measures.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5205 - Jurisdiction

§ 5205. Jurisdiction.
(a) General rule.--
A petition under this chapter may be filed only in a court that has jurisdiction to make a child custody determination with respect to the child at issue under Chapter 54 (relating to uniform child custody jurisdiction and enforcement).
(b) Emergency jurisdiction.--
A court of this Commonwealth has temporary emergency jurisdiction under section 5424 (relating to temporary emergency jurisdiction) if the court finds a credible risk of abduction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5206 - Contents of petition

§ 5206. Contents of petition.
A petition under this chapter must be verified and include a copy of any existing child custody determination, if available. The petition must specify the risk factors for abduction, including the relevant factors described under section 5207 (relating to factors to determine risk of abduction). Subject to section 5429(e) (relating to information to be submitted to court), if reasonably ascertainable, the petition must contain:
(1) the name, date of birth and gender of the child;
(2) the customary address and current physical location of the child;
(3) the identity, customary address and current physical location of the respondent;
(4) a statement of whether a prior action to prevent abduction or domestic violence has been filed by a party or other individual or entity having custody of the child and the date, location and disposition of the action;
(5) a statement of whether a party to the proceeding has been arrested for a crime related to domestic violence, stalking or child abuse or neglect and the date, location and disposition of the case; and
(6) any other information required to be submitted to the court for a child custody determination under section 5429.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5209 - Warrant to take physical custody of child

§ 5209. Warrant to take physical custody of child.
(a) Ex parte.--
If a petition under this chapter contains allegations and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.
(b) Hearing.--
The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(c) Requirements.--
An ex parte warrant under subsection (a) to take physical custody of a child must:
(1) Recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based.
(2) Direct law enforcement officers to take physical custody of the child immediately.
(3) State the date and time for the hearing on the petition.
(4) Provide for the safe interim placement of the child pending further order of the court.
(d) Search of databases.--
If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking or child abuse or neglect.
(e) Service.--
The petition and warrant must be served on the respondent when or immediately after the child is taken into physical custody.
(f) Enforcement.--
(1) A warrant to take physical custody of a child, issued by this Commonwealth or another state, is enforceable throughout this Commonwealth.
(2) If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
(g) Fees and costs.--
If the court finds, after a hearing, that a petitioner sought an ex parte warrant under subsection (a) for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs and expenses.
(h) Other relief.--
This chapter does not affect the availability of relief allowed under the laws of this Commonwealth other than this chapter.
Cross References. Section 5209 is referred to in sections 5204, 5208 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5210 - Duration of abduction prevention order

§ 5210. Duration of abduction prevention order.
An abduction prevention order remains in effect until the earliest of:
(1) the time stated in the order;
(2) the emancipation of the child;
(3) the child's attaining 18 years of age; or
(4) the time the order is modified, revoked, vacated or superseded by a court with jurisdiction under sections 5421 (relating to initial child custody jurisdiction), 5422 (relating to exclusive, continuing jurisdiction) and 5423 (relating to jurisdiction to modify determination) and applicable laws of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5211 - Uniformity of application and construction

§ 5211. Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 52 - Uniform Child Abduction Prevention › Section 5212 - Relation to Electronic Signatures in Global and National Commerce Act

§ 5212. Relation to Electronic Signatures in Global and National Commerce Act.
To the extent permitted by section 102 of the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may supersede provisions of that act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Extra - Chapter Notes

Enactment.
Chapter 53 was added November 23, 2010, P.L.1106, No.112, effective in 60 days.
Prior Provisions.
Former Chapter 53, which related to custody, was added October 30, 1985, P.L.264,
            No.66, and repealed November 23, 2010, P.L.1106, No.112, effective in 60 days.
Cross References.
Chapter 53 is referred to in sections 3901, 5429, 5603, 5612, 5613, 5622, 6108 of
            this title; section 9121 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5322 - Definitions

§ 5322. Definitions.
(a) This chapter.--
The following words and phrases when used in this chapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Abuse."
As defined in section 6102 (relating to definitions).
"Adult."
An individual 18 years of age or older.
"Agency."
Any organization, society, institution, court facility or other entity which provides for the care of a child. The term does not include a county children and youth social service agency.
"Child."
An unemancipated individual under 18 years of age.
"Legal custody."
The right to make major decisions on behalf of the child, including, but not limited to, medical, religious and educational decisions.
"Parental duties."
Includes meeting the physical, emotional and social needs of the child.
"Partial physical custody."
The right to assume physical custody of the child for less than a majority of the time.
"Physical custody."
The actual physical possession and control of a child.
"Primary physical custody."
The right to assume physical custody of the child for the majority of time.
"Relocation."
A change in a residence of the child which significantly impairs the ability of a nonrelocating party to exercise custodial rights.
"Shared legal custody."
The right of more than one individual to legal custody of the child.
"Shared physical custody."
The right of more than one individual to assume physical custody of the child, each having significant periods of physical custodial time with the child.
"Sole legal custody."
The right of one individual to exclusive legal custody of the child.
"Sole physical custody."
The right of one individual to exclusive physical custody of the child.
"Supervised physical custody."
Custodial time during which an agency or an adult designated by the court or agreed upon by the parties monitors the interaction between the child and the individual with those rights.
(b) Other law.--
In a statutory provision other than in this chapter, when the term "visitation" is used in reference to child custody, the term may be construed to mean:
(1) partial physical custody;
(2) shared physical custody; or
(3) supervised physical custody.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5323 - Award of custody

§ 5323. Award of custody.
(a) Types of award.--
After considering the factors set forth in section 5328 (relating to factors to consider when awarding custody), the court may award any of the following types of custody if it is in the best interest of the child:
(1) Shared physical custody.
(2) Primary physical custody.
(3) Partial physical custody.
(4) Sole physical custody.
(5) Supervised physical custody.
(6) Shared legal custody.
(7) Sole legal custody.
(b) Interim award.--
The court may issue an interim award of custody to a party who has standing under section 5324 (relating to standing for any form of physical custody or legal custody) or 5325 (relating to standing for partial physical custody and supervised physical custody) in the manner prescribed by the Pennsylvania Rules of Civil Procedure governing special relief in custody matters.
(c) Notice.--
Any custody order shall include notice of a party's obligations under section 5337 (relating to relocation).
(d) Reasons for award.--
The court shall delineate the reasons for its decision on the record in open court or in a written opinion or order.
(e) Safety conditions.--
After considering the factors under section 5328(a)(2), if the court finds that there is an ongoing risk of harm to the child or an abused party and awards any form of custody to a party who committed the abuse or who has a household member who committed the abuse, the court shall include in the custody order safety conditions designed to protect the child or the abused party.
(f) Enforcement.--
In awarding custody, the court shall specify the terms and conditions of the award in sufficient detail to enable a party to enforce the court order through law enforcement authorities.
(g) Contempt for noncompliance with any custody order.--
(1) A party who willfully fails to comply with any custody order may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following:
(i) Imprisonment for a period of not more than six months.
(ii) A fine of not more than $500.
(iii) Probation for a period of not more than six months.
(iv) An order for nonrenewal, suspension or denial of operating privilege under section 4355 (relating to denial or suspension of licenses).
(v) Counsel fees and costs.
(2) An order committing an individual to jail under this section shall specify the condition which, when fulfilled, will result in the release of that individual.
(h) Parties in same residence.--
Parties living separate and apart in the same residence may seek relief under this chapter, but any custody order made under such a circumstance shall be effective only upon:
(1) one party physically vacating the residence; or
(2) an order awarding one party exclusive possession of the residence.
Cross References.
Section 5323 is referred to in sections 5329, 5336 of this title; section 4109 of Title 51 (Military Affairs).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5324 - Standing for any form of physical custody or legal custody

§ 5324. Standing for any form of physical custody or legal custody.
The following individuals may file an action under this chapter for any form of physical custody or legal custody:
(1) A parent of the child.
(2) A person who stands in loco parentis to the child.
(3) A grandparent of the child who is not in loco parentis to the child:
(i) whose relationship with the child began either with the consent of a parent of the child or under a court order;
(ii) who assumes or is willing to assume responsibility for the child; and
(iii) when one of the following conditions is met:
(A) the child has been determined to be a dependent child under 42 Pa.C.S. Ch. 63 (relating to juvenile matters);
(B) the child is substantially at risk due to parental abuse, neglect, drug or alcohol abuse or incapacity; or
(C) the child has, for a period of at least 12 consecutive months, resided with the grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, in which case the action must be filed within six months after the removal of the child from the home.
(4) Subject to paragraph (5), an individual who establishes by clear and convincing evidence all of the following:
(i) The individual has assumed or is willing to assume responsibility for the child.
(ii) The individual has a sustained, substantial and sincere interest in the welfare of the child. In determining whether the individual meets the requirements of this subparagraph, the court may consider, among other factors, the nature, quality, extent and length of the involvement by the individual in the child's life.
(iii) Neither parent has any form of care and control of the child.
(5) Paragraph (4) shall not apply if:
(i) a dependency proceeding involving the child has been initiated or is ongoing; or
(ii) there is an order of permanent legal custody under 42 Pa.C.S. § 6351(a)(2.1) or (f.1)(3) (relating to disposition of dependent child).
(May 4, 2018, P.L.112, No.21, eff. 60 days)
2018 Amendment. Act 21 added pars. (4) and (5). Section 3 of Act 21 provided that the addition of pars. (4) and (5) shall apply to all custody proceedings irrespective of whether the proceeding was commenced before, on or after the effective date of section 3.
Cross References.
Section 5324 is referred to in sections 5323, 5325, 5326 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5325 - Standing for partial physical custody and supervised physical custody

§ 5325. Standing for partial physical custody and supervised physical custody.
In addition to situations set forth in section 5324 (relating to standing for any form of physical custody or legal custody), grandparents and great-grandparents may file an action under this chapter for partial physical custody or supervised physical custody in the following situations:
(1) where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section;
(2) where the relationship with the child began either with the consent of a parent of the child or under a court order and where the parents of the child:
(i) have commenced a proceeding for custody; and
(ii) do not agree as to whether the grandparents or great-grandparents should have custody under this section; or
(3) when the child has, for a period of at least 12 consecutive months, resided with the grandparent or great-grandparent, excluding brief temporary absences of the child from the home, and is removed from the home by the parents, an action must be filed within six months after the removal of the child from the home.
(May 4, 2018, P.L.112, No.21, eff. 60 days)
2018 Amendment. Act 21 amended par. (2).
Cross References.
Section 5325 is referred to in sections 5323, 5326, 5328 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5326 - Effect of adoption

§ 5326. Effect of adoption.
Any rights to seek physical custody or legal custody rights and any custody rights that have been granted under section 5324 (relating to standing for any form of physical custody or legal custody) or 5325 (relating to standing for partial physical custody and supervised physical custody) to a grandparent or great-grandparent prior to the adoption of the child by an individual other than a stepparent, grandparent or great-grandparent shall be automatically terminated upon such adoption.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5327 - Presumption in cases concerning primary physical custody

§ 5327. Presumption in cases concerning primary physical custody.
(a) Between parents.--
In any action regarding the custody of the child between the parents of the child, there shall be no presumption that custody should be awarded to a particular parent.
(b) Between a parent and third party.--
In any action regarding the custody of the child between a parent of the child and a nonparent, there shall be a presumption that custody shall be awarded to the parent. The presumption in favor of the parent may be rebutted by clear and convincing evidence.
(c) Between third parties.--
In any action regarding the custody of the child between a nonparent and another nonparent, there shall be no presumption that custody should be awarded to a particular party.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5329.1 - Consideration of child abuse and involvement with protective services

§ 5329.1. Consideration of child abuse and involvement with protective services.
(a) Information sharing.--
In accordance with section 6340(a)(5.1) (relating to release of information in confidential reports), where a party seeks any form of custody, subject to the examination of the parties, the court shall determine:
(1) With respect to child abuse under Chapter 63 (relating to child protective services) or a child who is a victim of a crime under 18 Pa.C.S. (relating to crimes and offenses) which would constitute abuse under Chapter 63:
(i) Whether the child is the subject of an indicated or founded report of child abuse.
(ii) Whether a party or a member of the party's household has been identified as the perpetrator in an indicated or founded report of child abuse.
(iii) The date and circumstances of the child abuse.
(iv) The jurisdiction where the child abuse investigation took place.
(2) With respect to child protective services or general protective services under Chapter 63:
(i) Whether a party or a member of a party's household has been provided services.
(ii) The type of services provided.
(iii) The circumstances surrounding the provision of services.
(iv) The status of services.
(v) The date the services were provided.
(vi) The jurisdiction where the services were provided.
(b) Cooperation.--
The following apply:
(1) The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the court and assist the court in fulfilling its duties under this section.
(2) The Department of Public Welfare and the county children and youth social service agency shall fully cooperate with the governing authority in order to implement the provisions of this section.
(3) The governing authority shall develop procedures to implement the provisions of this section.
(4) As used in this subsection, the term "governing authority" shall have the meaning given to it in 42 Pa.C.S. § 102 (relating to definitions).
(Dec. 18, 2013, P.L.1167, No.107, eff. Jan. 1, 2014)
2013 Amendment
.
Act 107 added section 5329.1. See section 6 of Act 107 in the appendix to this title for special provisions relating to applicability.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
Cross References.
Section 5329.1 is referred to in sections 5328, 6340 of this title; section 6307 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5330 - Consideration of criminal charge

§ 5330. Consideration of criminal charge.
(a) Expedited hearing.--
A party who has obtained information under 42 Pa.C.S. § 1904 (relating to availability of criminal charge information in child custody proceedings) or otherwise about a charge filed against the other party for an offense listed under section 5329(a) (relating to consideration of criminal conviction) may move for a temporary custody order or modification of an existing custody order. The court shall hold the hearing under this subsection in an expeditious manner.
(b) Risk of harm.--
In evaluating any request under subsection (a), the court shall consider whether the party who is or has been charged with an offense set forth in section 5329(a) poses a risk of physical, emotional or psychological harm to the child.
(c) No prejudice.--
Failure to either apply for information under 42 Pa.C.S. § 1904 or act under this section shall not prejudice any party in a custody proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5332 - Informational programs

§ 5332. Informational programs.
(a) Attendance.--
The court may direct the parties to attend informational programs concerning parental duties.
(b) Process not delayed.--
Subsequent proceedings and the entry of any order or decree shall not be delayed because of the lack of participation in any informational program by one of the parties.
(c) Costs.--
The court may order a party to pay all or part of the costs of the informational programs under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5333 - Counseling as part of order

§ 5333. Counseling as part of order.
(a) Attendance.--
The court may, as part of a custody order, require the parties to attend counseling sessions.
(b) Abuse.--
In situations involving abuse, the court may order individual counseling for the abuser but may not order the parties to attend joint counseling.
(c) Verification.--
Each party's participation in the counseling sessions shall be verified by the counselor.
(d) Costs.--
The court may order a party to pay all or part of the costs of the counseling sessions under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5335 - Counsel for child

§ 5335. Counsel for child.
(a) Appointment.--
The court may appoint counsel to represent the child if the court determines that the appointment will assist in resolving the issues in the custody proceeding. If a child has legal counsel and a guardian ad litem, counsel shall represent the legal interests of the child and the guardian ad litem shall represent the best interests of the child.
(b) Abuse.--
Substantial allegations of abuse of the child constitute a reasonable basis for appointing counsel for the child.
(c) Not subject to examination.--
Counsel appointed by the court for the child shall not be subject to examination unless such counsel testifies in the matter.
(d) Costs.--
The court may order a party to pay all or part of the costs of appointing counsel for the child under this section.
Cross References.
Section 5335 is referred to in section 5334 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5336 - Access to records and information

§ 5336. Access to records and information.
(a) General rule.--
Except as provided in subsections (b) and (c):
(1) A party granted sole or shared legal custody under section 5323 (relating to award of custody) shall be provided access to:
(i) the medical, dental, religious and school records of the child;
(ii) the address of the child and any other party; and
(iii) any other information that the court deems necessary or proper.
(2) Access to any records and information pertaining to the child may not be denied solely based upon a parent's physical custody schedule.
(3) Upon request, a parent, party or entity possessing any information set forth in paragraph (1) shall provide it to any party granted sole or shared legal custody.
(b) Nondisclosure of confidential information.--
The court shall not order the disclosure of any of the following information to any parent or party granted custody:
(1) The address of a victim of abuse.
(2) Confidential information from an abuse counselor or shelter.
(3) Information protected under Chapter 67 (relating to domestic and sexual violence victim address confidentiality).
(4) Information independently protected from disclosure by the child's right to confidentiality under the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, or any other statute.
(c) Other information.--
The court may determine not to release information set forth in subsection (a), in which case it shall state the reason for its denial on the record.
Cross References.
Section 5336 is referred to in section 5337 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5338 - Modification of existing order

§ 5338. Modification of existing order.
(a) Best interest of the child.--
Upon petition, a court may modify a custody order to serve the best interest of the child.
(b) Applicability.--
Except as provided in 51 Pa.C.S. § ﻿4109 (relating to child custody proceedings during military deployment), this section shall apply to any custody order entered by a court of this Commonwealth or any other state subject to the jurisdictional requirements set forth in Chapter 54 (relating to uniform child custody jurisdiction and enforcement).
(Apr. 12, 2012, P.L.241, No.32, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5339 - Award of counsel fees, costs and expenses

§ 5339. Award of counsel fees, costs and expenses.
Under this chapter, a court may award reasonable interim or final counsel fees, costs and expenses to a party if the court finds that the conduct of another party was obdurate, vexatious, repetitive or in bad faith.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 53 - Child Custody › Section 5340 - Court-appointed child custody health care or behavioral health practitioners

§ 5340. Court-appointed child custody health care or behavioral health practitioners.
No party to a child custody matter in which the court has appointed a licensed health care or behavioral health practitioner to assist the court by conducting an examination or evaluation of the parties involved or making a recommendation concerning a child custody agreement or order may be permitted to file a complaint against the practitioner with the practitioner's State licensing board prior to the final agreement or order being issued and for 60 days thereafter. As used in this section, "licensed health care or behavioral health practitioner" means a person who is licensed, certified, accredited or otherwise regulated by the Commonwealth to provide health care or behavioral health services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Extra - Chapter Notes

Enactment.
Chapter 54 was added June 15, 2004, P.L.236, No.39, effective in 60 days.
Cross References.
Chapter 54 is referred to in sections 5205, 5338, 5612, 5622 of this title.
Cross References.
Subchapter B is referred to in sections 5404, 5405, 5444, 5445, 5446, 5447, 5448,
            5450, 5453 of this title.
Cross References.
Subchapter C is referred to in sections 5402, 5404, 5405 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5404 - Application to Native American tribes

§ 5404. Application to Native American tribes.
(a) Primacy of Indian Child Welfare Act.--
A child custody proceeding that pertains to a Native American child as defined in the Indian Child Welfare Act of 1978 (Public Law 95-608, 25 U.S.C. § 1901 et seq.) is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act of 1978.
(b) Tribe treated as state.--
A court of this Commonwealth shall treat a tribe as if it were a state of the United States for the purpose of applying Subchapter B (relating to jurisdiction) and this subchapter.
(c) Tribal custody determinations.--
A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Subchapter C (relating to enforcement).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5405 - International application of chapter

§ 5405. International application of chapter.
(a) Foreign country treated as state.--
A court of this Commonwealth shall treat a foreign country as if it were a state of the United States for the purpose of applying Subchapter B (relating to jurisdiction) and this subchapter.
(b) Foreign custody determinations.--
Except as otherwise provided in subsection (c), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under Subchapter C (relating to enforcement).
(c) Violation of human rights.--
A court of this Commonwealth need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5406 - Effect of child custody determination

§ 5406. Effect of child custody determination.
A child custody determination made by a court of this Commonwealth that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this Commonwealth or notified in accordance with section 5408 (relating to notice to persons outside Commonwealth) or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5407 - Priority

§ 5407. Priority.
If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5408 - Notice to persons outside Commonwealth

§ 5408. Notice to persons outside Commonwealth.
(a) General rule.--
Notice required for the exercise of jurisdiction when a person is outside this Commonwealth may be given in a manner prescribed by the laws of this Commonwealth for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service.--
Proof of service may be made in the manner prescribed by the laws of this Commonwealth or by the law of the state in which the service is made.
(c) Submission to jurisdiction.--
Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
Cross References.
Section 5408 is referred to in sections 5406, 5425, 5430, 5445, 5448, 5450 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5409 - Appearance and limited immunity

§ 5409. Appearance and limited immunity.
(a) General rule.--
A party to a child custody proceeding, including a modification proceeding or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this Commonwealth for another proceeding or purpose solely by reason of having participated or of having been physically present for the purpose of participating in the proceeding.
(b) Service.--
A person who is subject to personal jurisdiction in this Commonwealth on a basis other than physical presence is not immune from service of process in this Commonwealth. A party present in this Commonwealth who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) Acts committed while in this Commonwealth.--
The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5410 - Communication between courts

§ 5410. Communication between courts.
(a) General rule.--
A court of this Commonwealth may communicate with a court in another state concerning a proceeding arising under this chapter.
(b) Participation of parties.--
The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Matters of cooperation between courts.--
Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Record.--
Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) Definition.--
As used in this section, the term "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Cross References. Section 5410 is referred to in section 5203 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5411 - Taking testimony in another state

§ 5411. Taking testimony in another state.
(a) General rule.--
In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this Commonwealth for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) Means and location.--
A court of this Commonwealth may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state. A court of this Commonwealth shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Transmission of documentary evidence.--
Documentary evidence transmitted from another state to a court of this Commonwealth by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Cross References. Section 5411 is referred to in section 5203 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5412 - Cooperation between courts; preservation of records

§ 5412. Cooperation between courts; preservation of records.
(a) Assistance of another state.--
A court of this Commonwealth may request the appropriate court of another state to:
(1) hold an evidentiary hearing;
(2) order a person to produce or give evidence pursuant to procedures of that state;
(3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) forward to the court of this Commonwealth a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and
(5) order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Assistance to another state.--
Upon request of a court of another state, a court of this Commonwealth may hold a hearing, enter an order or forward transcripts, evidence and evaluations described in subsection (a).
(c) Expenses.--
Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the laws of this Commonwealth.
(d) Preservation of records.--
A court of this Commonwealth shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Cross References. Section 5412 is referred to in section 5203 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5421 - Initial child custody jurisdiction

§ 5421. Initial child custody jurisdiction.
(a) General rule.--
Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth has jurisdiction to make an initial child custody determination only if:
(1) this Commonwealth is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth;
(2) a court of another state does not have jurisdiction under paragraph (1) or a court of the home state of the child has declined to exercise jurisdiction on the ground that this Commonwealth is the more appropriate forum under section 5427 (relating to inconvenient forum) or 5428 (relating to jurisdiction declined by reason of conduct) and:
(i) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this Commonwealth other than mere physical presence; and
(ii) substantial evidence is available in this Commonwealth concerning the child's care, protection, training and personal relationships;
(3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this Commonwealth is the more appropriate forum to determine the custody of the child under section 5427 or 5428; or
(4) no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2) or (3).
(b) Exclusive jurisdictional basis.--
Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this Commonwealth.
(c) Physical presence and personal jurisdiction unnecessary.--
Physical presence of or personal jurisdiction over a party or a child is not necessary or sufficient to make a child custody determination.
Cross References.
Section 5421 is referred to in sections 5210, 5422, 5423, 5424, 5428 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 54 - Uniform Child Custody Jurisdiction and Enforcement › Section 5422 - Exclusive, continuing jurisdiction

§ 5422. Exclusive, continuing jurisdiction.
(a) General rule.--
Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth which has made a child custody determination consistent with section 5421 (relating to initial child custody jurisdiction) or 5423 (relating to jurisdiction to modify determination) has exclusive, continuing jurisdiction over the determination until:
(1) a court of this Commonwealth determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this Commonwealth and that substantial evidence is no longer available in this Commonwealth concerning the child's care, protection, training and personal relationships; or
(2) a court of this Commonwealth or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this Commonwealth.
(b) Modification where court does not have exclusive, continuing jurisdiction.--
A court of this Commonwealth which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 5421.
Cross References.
Section 5422 is referred to in sections 5210, 5423, 5424, 5428 of this title.