KAYDEN’S LAW: SEVEN NEW ENUMERATED OFFENSES ADDED

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There have been significant changes to the custody statutes. When making a determination in custody, the court will consider whether either party (or member of their household) has enumerated offenses under Section 5329 of the custody statutes.  The court will determine to what extent the party (or household member) poses a risk to the child.  As a result of the amendments to the custody statute to focus on the safety of the child, the legislature has added seven new offenses to the list of enumerated offenses:

  1. Simple Assault (18 Pa.C.S. Section 2701)

  2. Recklessly Endangering Another Person (18 Pa.C.S. Section 2705)

  3. Interference with Custody of Children (18 Pa.C.S. Section 2904)

  4. Cruelty to Animals (18 Pa.C.S. Section 5533)

  5. Relating to Aggravated Cruelty to Animals (18 Pa.C.S. Section 5534)

  6. Relating to Animal Fighting (18 Pa.C.S. Section 5543)

  7. Possession of Animal Fighting Paraphernalia (18 Pa.C.S. Section 5544)

A criminal conviction under Section 5329, is not, by itself, determine the outcome of a custody award.  The court must consider the totality of the circumstances when issuing a custody order.  

The amended rules will go into effect on August 13, 2024. To read all of the changes to the custody statutes, click HERE.