Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.
(a) Expedited hearing.--A party who has obtained information under 42 Pa.C.S. § 1904 (relating to availability
of criminal charge information in child custody proceedings) or otherwise about a
charge filed against the other party for an offense listed under section 5329(a) (relating
to consideration of criminal conviction) may move for a temporary custody order or
modification of an existing custody order. The court shall hold the hearing under
this subsection in an expeditious manner.
(b) Risk of harm.--In evaluating any request under subsection (a), the court shall consider whether the
party who is or has been charged with an offense set forth in section 5329(a) poses
a risk of physical, emotional or psychological harm to the child.
(c) No prejudice.--Failure to either apply for information under 42 Pa.C.S. § 1904 or act under this
section shall not prejudice any party in a custody proceeding.
Cross References. Section 5330 is referred to in section 5323 of this title.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2023 · leading case: A.M. v. J.L.H. (Pa. Super. Ct. 2021).
A.M. v. J.L.H. (Pa. Super. Ct. 2021). · cites it 5דDid the [trial c]ourt abuse its discretion and/or misapply the law in failing to undertake the required risk assessment outlined in 23 Pa.C.S. § 5330 which provides: “...In evaluating any request under subsection (a), the court shall consider whether the party who is or has been…”
Walter, F. v. Stoltenberg, C. (Pa. Super. Ct. 2023). · cites it 4דFather contends that Section 5330 of the Child Custody Law, 23 Pa.C.S. § 5330, mandated that the trial court address the issue of Mother’s recent ARD resolution of DUI charges under Section 5329, regardless of whether a conviction was obtained.”
— 23 Pa. Cons. Stat. § 5330(a) — 2 cases
Walter, F. v. Stoltenberg, C. (Pa. Super. Ct. 2023). “Father contends that Section 5330 of the Child Custody Law, 23 Pa.C.S. § 5330, mandated that the trial court address the issue of Mother’s recent ARD resolution of DUI charges under Section 5329, regardless of whether a conviction was obtained.”
A.M. v. J.L.H. (Pa. Super. Ct. 2021). “Did the [trial c]ourt abuse its discretion and/or misapply the law in failing to undertake the required risk assessment outlined in 23 Pa.C.S. § 5330 which provides: “...In evaluating any request under subsection (a), the court shall consider whether the party who is or has been…”
— 23 Pa. Cons. Stat. § 5330(b) — 1 case
A.M. v. J.L.H. (Pa. Super. Ct. 2021). “Did the [trial c]ourt abuse its discretion and/or misapply the law in failing to undertake the required risk assessment outlined in 23 Pa.C.S. § 5330 which provides: “...In evaluating any request under subsection (a), the court shall consider whether the party who is or has been…”
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treatment. Dots show Syfertize treatment of the citing case itself.