An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in child custody, further providing for modification of existing order.

PRIOR PRINTER'S NO. 1613 PRINTER'S NO. 2068
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1412
Session of
2025
INTRODUCED BY SHUSTERMAN, HANBIDGE, BURGOS, HILL-EVANS, GIRAL,
SANCHEZ, DEASY, CERRATO, CEPEDA-FREYTIZ, DONAHUE, GREEN,
PASHINSKI AND WEBSTER, MAY 5, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 2025
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in child custody, further providing
for modification of existing order.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5338 of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 5338. Modification of existing order.
(a) Best interest of the child.--Upon petition, a court may
modify a custody order to serve the best interest of the
child[.] if the petitioner demonstrates a material change in
circumstances, except as provided in subsection (d), in which
case a showing of material change shall not be required.
(b) Applicability.--
(1) Except as provided in 51 Pa.C.S. § 4109 (relating to
child custody proceedings during military deployment) and
paragraph (2), this section shall apply to any custody order
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entered by a court of this Commonwealth or any other state
subject to the jurisdictional requirements set forth in
Chapter 54 (relating to uniform child custody jurisdiction
and enforcement).
(2) A custody order entered prior to the effective date
of this paragraph shall be modifiable without the necessity
of demonstrating a material change in circumstances.
(c) Dismissal.--Failure to demonstrate a material change of
IN circumstances may result in the dismissal of the party's
pleading or petition. For a case dismissed under this
subsection, the court shall not be required to address the
factors specified in section 5328 (relating to factors to
consider when awarding custody).
(d) Modification.--If a court determines that the best
interests of the child requires modification of an existing
order, the court may permit modification of the order without
requiring the parties to demonstrate a material change in
circumstances.
(D) MODIFICATION.--
(1) IF A COURT DETERMINES THAT THE BEST INTERESTS OF THE
CHILD REQUIRES MODIFICATION OF AN EXISTING ORDER, THE COURT
MAY PERMIT MODIFICATION OF THE ORDER WITHOUT REQUIRING THE
PARTIES TO DEMONSTRATE A MATERIAL CHANGE IN CIRCUMSTANCES.
(2) IF A PARTY INCLUDES IN THE PETITION FOR MODIFICATION
EVIDENCE OF RECENT ABUSE COMMITTED SUBSEQUENT TO THE ENTRY OF
THE LAST CUSTODY ORDER, THE COURT MAY CONSIDER THE ABUSE A
MATERIAL CHANGE IN CIRCUMSTANCES.
Section 2. This act shall take effect in 60 days.
20250HB1412PN2068 - 2 -
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