(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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 5321 - Scope of chapter
Section 5323 - Award of custody
Section 5324 - Standing for any form of physical custody or legal custody
Section 5325 - Standing for partial physical custody and supervised physical custody
Section 5326 - Effect of adoption
Section 5327 - Presumption in cases concerning primary physical custody
Section 5328 - Factors to consider when awarding custody
Section 5329 - Consideration of criminal conviction
Section 5329.1 - Consideration of child abuse and involvement with protective services
Section 5330 - Consideration of criminal charge
Section 5332 - Informational programs
Section 5333 - Counseling as part of order
Section 5334 - Guardian ad litem for child
Section 5335 - Counsel for child
Section 5336 - Access to records and information
Section 5338 - Modification of existing order
Section 5339 - Award of counsel fees, costs and expenses
Section 5340 - Court-appointed child custody health care or behavioral health practitioners