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Recent Posts in Act 112 Category

Summary of the New Pennsylvania Custody Law

Previous blog posts have analyzed each Section of the new Pennsylvania custody law. This post is a summary of the new law. The new Pennsylvania custody law applies to all custody cases that began on ...
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Act 112: Section 5340 - Filing charges against court appointed evaluators. Conclusion of Act 112.

Section 5340 is an interesting new provision. Custody actions often involve "psychological evaluations" of the parties parenting relationships and abilities. These evaluations are typically ...
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Act 112: Sections 5338-5339 - Best interest & Counsel Fees

Section 5338 merely restates the basic premise of custody law: the "best interests" of a child are always paramount. Under Section 5338, a custody order may be modified to serve "the ...
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Act 112: Section 5337 - Relocation (part 2)

Section 5337. Relocation continued; Part 2. Standards Once the procedures of 5337 have been followed (see Part 1) and a timely objection has been filed, the court will hold an "expedited" ...
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Act 112: Section 5337 - Relocation (part 1)

Section 5337 of Act 112 details the procedures, rules and standards involved when a party wishes to "relocate" with a child. Section 5337 represents the single biggest change in custody law ...
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Act 112: Section 5336 - Access to records

Section 5336 of Act 112 provides that a party with shared (or sole) legal custody of a child has the right to receive the childs' medical, religious and school records and also the address of the ...
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Act 112: Sections 5334-5335 - Guardian ad litem/counsel for the child

Section 5334 of Act 112 deals with the appointment and duties of a guardian ad litem. Section 5335 deals with the appointment and duties of a child counsel. In a custody dispute, a guardian ad litem ...
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Act 112: Section 5333 - Informational programs

Section 5332 simply provides that the court may require the parties to attend parenting programs and to pay for the programs. Section 5332 does not require courts to set up such programs. As a ...
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Act 112: Section 5331 - Parenting Plan

Section 5331 of Act 112 covers parenting plans for custody. A parenting plan is a proposed custody arrangement. Section 5331 does not require the use of parenting plans. But if the court orders a ...
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Act 112: Section 5330 - Pending criminal charges

Section 5330 of Act 112 covers pending criminal charges and custody. Section 5330 permits a parent who learns of certain criminal charges against the other party (or a member of their household) to ...
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Act 112: Section 5329 - Criminal Convictions.

Section 5329 covers the use of criminal convictions in Pennsylvania custody cases. Section 5329 lists those criminal convictions (and "no contests") that must be considered by the court in a ...
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Act 112: Section 5328 - Factors in awarding custody.

Section 5328 sets forth the new factors in awarding custody. The basis of every custody decision remains the "best interests" of the child. But there a number of new factors that are ...
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Act 112: Section 5327 - "Presumption" provisions

Section 5327 of Act 112 deals with "presumptions". Section 5327 (a) states that, between parents, "there shall be no presumption that custody should be awarded to a particular ...
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Act 112: Sections 5324-5326 - "Standing" provisions

Sections 5324-5326 of Act 112 deal with "standing". Standing" refers to the ability of someone to seek legal relief. In custody, only certain people have standing to seek custody. For ...
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Act 112: Sections 5321-5323 - Preliminary provisions.

Sections 5321, 5322 & 5323 of Act 112 are, essentially, preliminary provisions. In other words, Sections 5321-5323 lay the groundwork for the more substantive provisions that will be analyzed in ...
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