KAYDEN’S LAW: SEVEN NEW ENUMERATED OFFENSES ADDED

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KAYDEN’S LAW: SEVEN NEW ENUMERATED OFFENSES ADDED

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:

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What happens to a custody case if the other party has been charged with a crime?

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What happens to a custody case if the other party has been charged with a crime?

If a party has pending criminal charges, the court must consider whether that party poses a risk of physical, emotional, or psychological harm to the child.  There are certain crimes, often referred to as “enumerated offenses” because they are specifically enumerated in the statute, that the court will review to determine whether a party poses such a risk.

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