PENNSYLVANIA

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NPO AFFILIATE | PA

STATE CHAIR: Stephen Meehan

Highlights:

In instances of divorce or separation:

  • 94% of those in Pennsylvania believe it is in the child’s best interest to have as much time as possible with each parent.

  • 91% in Pennsylvania expressed a commitment to vote their beliefs in being “more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent following separation or divorce when both parents are fit and willing to be parents.

  • 85% of those in Pennsylvania indicated they would support a change in Pennsylvania law that awards children as much time as possible with each parent.

  • 78% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict

  • 94% believe that both parents should have equal rights and responsibilities following divorce or separation.

  • 91% believe that Pennsylvania should promote shared parenting for all children with separated parents.

POSITIVES:

  • None

NEGATIVES: 

  • Pennsylvania's PTA has an extraordinarily and unjustifiably high threshold of 146 days.

  • Pennsylvania's PTA has a large discontinuity (or discontinuities), creating a large cliff effect or multiple cliff effects.

  • Pennsylvania's PTA underestimates the fixed, duplicated costs involved in shared parenting.

  • Pennsylvania's PTA does not take into account the effect on the payer parent's household.

  • Pennsylvania's PTA inappropriately results in a presumptive child support payment when parental income and parenting time are equal.

2019 NPO Shared Parenting Report Card

WHY DID PENNSYLVANIA RECEIVE A D?

POSITIVES:

  • Pennsylvania statutes list a “friendly parent” factor as the first factor in determining the best interest of a child with respect to a custody determination. Pennsylvania courts are required to consider “Which party is more likely to encourage and permit frequent and continuing contact between the child and an- other party.” 23 PA. C. S. A. §5327

NEGATIVES: 

  • Pennsylvania has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.

  • Pennsylvania statutes do not explicitly provide for shared parenting during temporary orders.

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