How SB 1509 changes current law

Compared against the Pennsylvania Consolidated Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends the conditions under which grandparents and great-grandparents can file for partial physical custody or supervised physical custody of children.

• 23 Pa.C.S. § 5325

  where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section; → where the parent of the child is deceased, a parent or grandparent of the deceased parent may file an action under this section if all of the following conditions are met:

  This change adds specific conditions that must be met for grandparents or great-grandparents to file for custody when a parent is deceased.

• 23 Pa.C.S. § 5325

  The child has, for a period of at least six consecutive months, resided with the parent or grandparent of the deceased parent, excluding brief temporary absences of the child from the home, and is removed from the home by a parent or guardian, in which case the action must be filed within six months after the removal of the child from the home. → The child has, for a period of at least six consecutive months, resided with the parent or grandparent of the deceased parent, excluding brief temporary absences of the child from the home, and is removed from the home by a parent or guardian, in which case the action must be filed within six months after the removal of the child from the home.

  This change retains the requirement regarding the duration of residence but adds it as a specific condition to qualify for filing custody.

• 23 Pa.C.S. § 5325

  The parent or grandparent of the deceased parent has not previously placed the child at risk due to that individual's abuse, neglect, drug or alcohol abuse or incapacity;

  This change introduces a new qualification requiring the filing party to have a clean record concerning abuse, neglect, or incapacity.

• 23 Pa.C.S. § 5328

  In ordering partial physical custody or supervised physical custody to a party who has standing under section [5325(1)] 5325(a)(1) or (2) → In ordering partial physical custody or supervised physical custody to a party who has standing under section 5325(a)(1) or (2)

  This change updates the references to the standing conditions in the context of custody orders.

• 23 Pa.C.S. § 5328

  In ordering partial physical custody or supervised physical custody to a parent's parent or grandparent who has standing under section [5325(3)] 5325(a)(3), → In ordering partial physical custody or supervised physical custody to a parent's parent or grandparent who has standing under section 5325(a)(3),

  This change updates the references similarly to the previous change in section 5328.