{"data":{"id":"us-pa/23-pa.c.s.-5329","jurisdiction":"us-pa","citation":"23 Pa.C.S. § 5329","heading":"Consideration of criminal conviction.","body":"(a) Offenses.--Where a party seeks any form of custody, the court shall consider whether that party or member of that party's household has been convicted of or has pleaded guilty or no contest to any of the offenses in this section or an offense in another jurisdiction substantially equivalent to any of the offenses in this section. The court shall consider such conduct and determine that the party does not pose a threat of harm to the child before making any order of custody to that party when considering the following offenses:\n18 Pa.C.S. Ch. 25 (relating to criminal homicide).\n18 Pa.C.S. § 2701 (relating to simple assault).\n18 Pa.C.S. § 2702 (relating to aggravated assault).\n18 Pa.C.S. § 2705 (relating to recklessly endangering another person).\n18 Pa.C.S. § 2706 (relating to terroristic threats).\n18 Pa.C.S. § 2709.1 (relating to stalking).\n18 Pa.C.S. § 2718 (relating to strangulation).\n18 Pa.C.S. § 2901 (relating to kidnapping).\n18 Pa.C.S. § 2902 (relating to unlawful restraint).\n18 Pa.C.S. § 2903 (relating to false imprisonment).\n18 Pa.C.S. § 2904 (relating to interference with custody of children).\n18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).\n18 Pa.C.S. Ch. 30 (relating to human trafficking).\n18 Pa.C.S. § 3121 (relating to rape).\n18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).\n18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).\n18 Pa.C.S. § 3124.1 (relating to sexual assault).\n18 Pa.C.S. § 3125 (relating to aggravated indecent assault).\n18 Pa.C.S. § 3126 (relating to indecent assault).\n18 Pa.C.S. § 3127 (relating to indecent exposure).\n18 Pa.C.S. § 3129 (relating to sexual intercourse with animal).\n18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders).\n18 Pa.C.S. § 3301 (relating to arson and related offenses).\n18 Pa.C.S. § 4302 (relating to incest).\n18 Pa.C.S. § 4303 (relating to concealing death of child).\n18 Pa.C.S. § 4304 (relating to endangering welfare of children).\n18 Pa.C.S. § 4305 (relating to dealing in infant children).\n18 Pa.C.S. § 5533 (relating to cruelty to animal).\n18 Pa.C.S. § 5534 (relating to aggravated cruelty to animal).\n18 Pa.C.S. § 5543 (relating to animal fighting).\n18 Pa.C.S. § 5544 (relating to possession of animal fighting paraphernalia).\n18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and related offenses).\n18 Pa.C.S. § 5903(c) or (d) (relating to obscene and other sexual materials and performances).\n18 Pa.C.S. § 6301 (relating to corruption of minors).\n18 Pa.C.S. § 6312 (relating to sexual abuse of children).\n18 Pa.C.S. § 6318 (relating to unlawful contact with minor).\n18 Pa.C.S. § 6320 (relating to sexual exploitation of children).\nSection 6114 (relating to contempt for violation of order or agreement).\nThe former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance).\n75 Pa.C.S. Ch. 38 (relating to driving after imbibing alcohol or utilizing drugs).\nSection 13(a)(1) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, to the extent that it prohibits the manufacture, sale or delivery, holding, offering for sale or possession of any controlled substance or other drug or device.\n(a.1) Determination.--A criminal conviction specified under subsection (a) shall not by itself be determinative in the awarding of custody. The court shall examine the totality of the circumstances when issuing a custody order that is in the best interest of the child.\n(b) Parent convicted of murder.--No court shall award custody, partial custody or supervised physical custody to a parent who has been convicted of murder under 18 Pa.C.S. § 2502(a) (relating to murder) of the other parent of the child who is the subject of the order unless the child is of suitable age and consents to the order.\n(b.1) Parent convicted of certain sexual offenses.--\n(1) Notwithstanding any provision of this chapter to the contrary and subject to paragraph (2), if a parent who is a victim of any of the offenses set forth in this paragraph objects, no court shall award any type of custody set forth in section 5323 (relating to award of custody) to the other parent of a child conceived as a result of any of the following offenses for which the other parent has been convicted:\n18 Pa.C.S. § 3121.\n18 Pa.C.S. § 3122.1.\n18 Pa.C.S. § 3124.1, where the offense involved sexual intercourse.\n18 Pa.C.S. § 3124.2 (relating to institutional sexual assault), where the offense involved sexual intercourse.\n18 Pa.C.S. § 4302.\n(2) A court may award any type of custody set forth in section 5323 to a parent who has been convicted of an offense under paragraph (1) if:\n(i) the parent who is a victim had an opportunity to address the court;\n(ii) the child is of suitable age and consents to the custody order; and\n(iii) the court determines the award is in the best interest of the child.\n(3) Paternity of the child shall be established by voluntary acknowledgment of paternity or blood, genetic or other paternity testing acceptable to the court. The cost of the testing shall be borne by the parent who was convicted of the offense.\n(c) Initial evaluation.--At the initial in-person contact with the court, the judge, conference officer or other appointed individual shall perform an initial evaluation to determine whether the party or household member who committed an offense under subsection (a) poses a threat to the child and whether counseling is necessary. The initial evaluation shall not be conducted by a mental health professional. After the initial evaluation, the court may order further evaluation or counseling by a mental health professional if the court determines it is necessary.\n(d) Counseling.--\n(1) Where the court determines under subsection (c) that counseling is necessary, it shall appoint a qualified professional specializing in treatment relating to the particular offense to provide counseling to the offending individual.\n(2) Counseling may include a program of treatment or individual therapy designed to rehabilitate the offending individual which addresses, but is not limited to, issues regarding physical and sexual abuse, the psychology of the offender and the effects of the offense on the victim.\n(e) Subsequent evaluation.--\n(1) At any time during or subsequent to the counseling under subsection (d), the court may require another evaluation to determine whether further counseling is necessary.\n(2) If the court awards custody to a party who committed an offense under subsection (a) or who shares a household with an individual who committed an offense under subsection (a), the court may require subsequent evaluations on the rehabilitation of the offending individual and the well-being of the child subsequent to the order. If, upon review of a subsequent evaluation, the court determines that the offending individual poses a threat of physical, emotional or psychological harm to the child, the court may schedule a hearing to modify the custody order.\n(f) Costs.--The court may order a party to pay all or part of the costs of the counseling and evaluations under this section.","path":["Title 23 - DOMESTIC RELATIONS","PART VI CHILDREN AND MINORS","CHAPTER 53 CHILD CUSTODY"],"source_url":"https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM\u0026ttl=23\u0026div=0\u0026chpt=53\u0026sctn=29\u0026subsctn=0","current_through":"2026-07-29 (Statute Update stamp, 23 Pa.C.S.)","vintage":"","retrieved_at":"2026-09-02T16:31:43Z","sha256":"50cf37ac8aca6ba1343d32256267d76e32ef34875e5a65c692a8e877d8f5095f","source_id":"us-pa","stale":false,"prev":"us-pa/23-pa.c.s.-5328","next":"us-pa/23-pa.c.s.-5329.1"},"notice":"GroundRules: Original legal text. Not legal advice."}