Please ensure Javascript is enabled for purposes of website accessibility Shusterman’s child custody modification bill passes House

Shusterman’s child custody modification bill passes House

HARRISBURG, July 9 – State Rep. Melissa Shusterman, D-Chester, is excited to announce that her legislation, House Bill 1412, has passed the state House of Representatives.

In Pennsylvania, parents may file a petition to change a custody order if the parent asserts that the current custody order is not in the best interest of the child. Current law does not specify that significant changes in circumstances need to be proven in order to request a custody order modification, allowing parties involved in a family law dispute to use the filing of modification petitions to harass each other.

House Bill 1412 addresses this dilemma by requiring the requesting individual to show a material change in circumstances, while still allowing the courts to modify an order if they determine it is in the best interest of the child. This protects the adults involved from harassment and ensures that the child is protected throughout the custody modification process. Additionally, the court can consider evidence of recent abuse in a modification petition as a material change in circumstances.

“This bill balances the need to protect children as well as parents involved in custody disputes,” Shusterman said. “Often, one party uses the modification process to harass the other party. This bill takes a step to protect people from having to incur the cost of responding to a serial filer that is using the legal system to abuse the other party.”

The bill now moves to the state Senate for consideration.