FAMILY LAW BLOG
We provide helpful tips and information regarding family law matters in the state of Pennsylvania. The information on this blog does not constitute legal advice. You may contact us for a consultation. To receive regular updates from this blog, please subscribe below.
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:
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:
Simple Assault (18 Pa.C.S. Section 2701)
Recklessly Endangering Another Person (18 Pa.C.S. Section 2705)
Interference with Custody of Children (18 Pa.C.S. Section 2904)
Cruelty to Animals (18 Pa.C.S. Section 5533)
Relating to Aggravated Cruelty to Animals (18 Pa.C.S. Section 5534)
Relating to Animal Fighting (18 Pa.C.S. Section 5543)
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.
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.
A trial court must consider each party’s (and their household’s) criminal history. Criminal convictions are often the focus of this review. However, 23 PA C.S. Section 5330 provides that 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. These offenses, listed fully in Section 5239, include homicide, sexual assault, endangering the welfare of a child, driving under the influence, and more. See the full list of enumerated offenses here.
If a party has been charged with an enumerated offense under Section 5329, the other party may seek a temporary custody order or a modification of an existing order. This hearing is to be held “expeditiously.” The court must consider whether the charged party poses a risk of physical, emotional, or psychological harm to the child as stated above. The court must consider any proof produced by the parties about the existence of criminal charges or abuse.