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Domestic Relations - 23 Pa. Cons. Stat.

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    PART I. GENERAL PROVISIONS
    Chapter 1. Preliminary Provisions
  • § 101.  Short title of title.
    This title shall be known and may be cited as the Domestic Relations Code. ...
  • § 102.  Definitions.
    (a) General rule.--Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words ...

  • PART II. MARRIAGE
    Chapter 11. Preliminary Provisions
  • § 1101.  Short title of part.
    This part shall be known and may be cited as the Marriage Law. ...
  • § 1102.  Definitions.
    The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 1103.  Common-law marriage.
    No common-law marriage contracted after January 1, 2005, shall be valid. Nothing in this part shall be deemed or taken to render any common-law marriage ...
  • § 1104.  Forms.
    Marriage license applications, consent certificates, marriage licenses and other necessary forms shall be supplied at the expense of the county and shall be uniform throughout ...
  • § 1105.  Fees.
    (a) General rule.--The fee to be charged for issuing a marriage license or declaration and for returns thereof to the department shall be $3 of ...
  • § 1106.  Records and statistics.
    (a) Filing transcript or record.--The county shall furnish the department, not later than the 15th day of each month, with a transcript or record of ...

  • Chapter 13. Marriage License
  • § 1301.  Marriage license required.
    (a) General rule.--No person shall be joined in marriage in this Commonwealth until a marriage license has been obtained. (b) Place of marriage ceremony.--A license ...
  • § 1302.  Application for license.
    (a) General rule.--No marriage license shall be issued except upon written and verified application made by both of the parties intending to marry. (b) Contents.--The ...
  • § 1303.  Waiting period after application.
    (a) General rule.--No marriage license shall be issued prior to the third day following the making of application therefor. (b) Exceptions.--The court may authorize a ...
  • § 1304.  Restrictions on issuance of license.
    (a) Examinations and tests for syphilis.--(Repealed). (b) Minors.-- (1) No marriage license may be issued if either of the applicants for a license is under ...
  • § 1305.  Examination and tests for syphilis (Repealed).
    § 1305. Examination and tests for syphilis (Repealed). 1997 Repeal Note. Section 1305 was repealed June 25, 1997, P.L.331, No.35, effective immediately. ...
  • § 1306.  Oral examination.
    (a) General rule.--Each of the applicants for a marriage license shall appear in person and shall be examined under oath or affirmation as to: (1) ...
  • § 1307.  Issuance of license.
    The marriage license shall be issued if it appears from properly completed applications on behalf of each of the parties to the proposed marriage that ...
  • § 1308.  Judicial review of refusal to issue license.
    (a) Certifying proceedings to court.--If the issuance of a marriage license is refused, upon request of the applicants, the proceedings shall immediately be certified to ...
  • § 1309.  Filing applications and consent certificates.
    The applications for marriage licenses and consent certificates shall be immediately filed and docketed as public records. ...
  • § 1310.  Duration and form of license.
    The marriage license shall not be valid for a longer period than 60 days from the date of issue and shall be in substantially the ...

  • Chapter 15. Marriage Ceremony
  • § 1501.  Form of marriage certificates.
    The marriage license shall have appended to it two certificates, numbered to correspond with the license (one marked original and one marked duplicate), which shall ...
  • § 1502.  Forms where parties perform ceremony.
    (a) Declaration of authorization.--In all cases in which the parties intend to solemnize their marriage by religious ceremony without officiating clergy, the marriage shall not ...
  • § 1503.  Persons qualified to solemnize marriages.
    (a) General rule.--The following are authorized to solemnize marriages between persons that produce a marriage license issued under this part: (1) A justice, judge or ...
  • § 1504.  Returns of marriages.
    (a) General rule.--The original marriage certificate shall be signed by the person solemnizing the marriage and given to the parties contracting the marriage. The duplicate ...

  • Chapter 17. Miscellaneous Provisions Relating to Marriage
  • § 1701.  Decree that spouse of applicant is presumed decedent.
    (a) Finding of death.--When the spouse of an applicant for a marriage license has disappeared or is absent from the place of residence of the ...
  • § 1702.  Marriage during existence of former marriage.
    (a) General rule.--If a married person, during the lifetime of the other person with whom the marriage is in force, enters into a subsequent marriage ...
  • § 1703.  Marriage within degree of consanguinity.
    All marriages within the prohibited degrees of consanguinity as set forth in this part are voidable, but, when any of these marriages have not been ...
  • § 1704.  Marriage between persons of the same sex.
    It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. ...

  • Chapter 19. Abolition of Actions for Alienation of Affections
    and Breach of Promise to Marry
  • § 1901.  Actions for alienation of affections abolished.
    (a) General rule.--All civil causes of action for alienation of affections of husband or wife are abolished. (b) Exception.--Subsection (a) does not apply to cases ...
  • § 1902.  Actions for breach of promise to marry abolished.
    All causes of action for breach of contract to marry are abolished. ...
  • § 1903.  Purpose of chapter.
    (a) General rule.--No act done within this Commonwealth shall give rise, either within or without this Commonwealth, to a cause of action abolished by this ...
  • § 1904.  Filing or threatening to file actions prohibited.
    It is unlawful for a person, either as litigant or attorney, to file, cause to be filed, threaten to file or threaten to cause to ...
  • § 1905.  Instruments executed in satisfaction of abolished claims prohibited.
    § 1905. Instruments executed in satisfaction of abolished claims prohibited. (a) Contracts and instruments void.--All contracts and instruments of every kind executed within this Commonwealth ...

  • PART III. ADOPTION
    Chapter 21. Preliminary Provisions
  • § 2101.  Short title of part.
    This part shall be known and may be cited as the "Adoption Act." ...
  • § 2102.  Definitions.
    The following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this ...

  • Chapter 23. Jurisdiction and Parties
    Subchapter A. Jurisdiction
  • § 2301.  Court.
    The court of common pleas of each county shall exercise through the appropriate division original jurisdiction over voluntary relinquishment, involuntary termination and adoption proceedings. ...
  • § 2302.  Venue.
    Proceedings for voluntary relinquishment, involuntary termination and adoption may be brought in the court of the county: (1) Where the parent or parents or the ...

  • Subchapter B. Parties
  • § 2311.  Who may be adopted.
    Any individual may be adopted, regardless of his age or residence. ...
  • § 2312.  Who may adopt.
    Any individual may become an adopting parent. ...
  • § 2313.  Representation.
    (a) Child.--The court shall appoint counsel to represent the child in an involuntary termination proceeding when the proceeding is being contested by one or both ...

  • Chapter 25. Proceedings Prior to Petition to Adopt
    Subchapter A. Voluntary Relinquishment
  • § 2501.  Relinquishment to agency.
    (a) Petition.--When any child under the age of 18 years has been in the care of an agency for a minimum period of three days ...
  • § 2502.  Relinquishment to adult intending to adopt child.
    (a) Petition.--When any child under the age of 18 years has been for a minimum period of three days in the exclusive care of an ...
  • § 2503.  Hearing.
    (a) General rule.--Upon presentation of a petition prepared pursuant to section 2501 (relating to relinquishment to agency) or section 2502 (relating to relinquishment to adult ...
  • § 2504.  Alternative procedure for relinquishment.
    (a) Petition to confirm consent to adoption.--If the parent or parents of the child have executed consents to an adoption, upon petition by the intermediary ...
  • § 2504.1. Confidentiality.
  • § 2505.  Counseling.
    (a) List of counselors.--Any hospital or other facility providing maternity care shall provide a list of available counselors and counseling services compiled pursuant to subsection ...

  • Subchapter B. Involuntary Termination
  • § 2511.  Grounds for involuntary termination.
    (a) General rule.--The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds: ...
  • § 2512.  Petition for involuntary termination.
    (a) Who may file.--A petition to terminate parental rights with respect to a child under the age of 18 years may be filed by any ...
  • § 2513.  Hearing.
    (a) Time.--The court shall fix a time for hearing on a petition filed under section 2512 (relating to petition for involuntary termination) which shall be ...

  • Subchapter C. Decree of Termination
  • § 2521.  Effect of decree of termination.
    (a) Adoption proceeding rights extinguished.--A decree terminating all rights of a parent or a decree terminating all rights and duties of a parent entered by ...

  • Subchapter D. Reports and Investigation
  • § 2530.  Home study and preplacement report.
    (a) General rule.--No intermediary shall place a child in the physical care or custody of a prospective adoptive parent or parents unless a home study ...
  • § 2531.  Report of intention to adopt.
    (a) General rule.--Every person now having or hereafter receiving or retaining custody or physical care of any child for the purpose or with the intention ...
  • § 2532.  Filing of report.
    The report required by section 2531 (relating to report of intention to adopt) shall be filed within 30 days after the date of receipt of ...
  • § 2533.  Report of intermediary.
    (a) General rule.--Within six months after filing the report of intention to adopt, the intermediary who or which arranged the adoption placement of any child ...
  • § 2534.  Exhibits.
    The report of the intermediary shall have attached to it the following exhibits: (1) A birth certificate or certification of registration of birth of the ...
  • § 2535.  Investigation.
    (a) General rule.--When a report required by section 2531 (relating to report of intention to adopt) has been filed, the court shall cause an investigation ...

  • Subchapter E. Pennsylvania Adoption Cooperative Exchange
  • § 2551.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 2552.  Pennsylvania Adoption Cooperative Exchange.
    There shall be a Pennsylvania Adoption Cooperative Exchange in the Office of Children, Youth and Families of the Department of Public Welfare. ...
  • § 2553.  Registration of children.
    (a) Mandatory registration.--PACE shall register and be responsible for the review and referral of children for whom parental rights have been terminated for 90 days ...
  • § 2554.  Responsibilities of PACE.
    PACE shall be responsible for the following: (1) Registration of adoptive parent applicants who have been approved by agencies. (2) Accumulation and dissemination of statistical ...
  • § 2555.  Responsibilities of public and private agencies.
    All public and licensed private child service agencies shall register all children with PACE for whom parental rights have been terminated for 90 days and ...
  • § 2556.  Related activities of agencies unaffected.
    This subchapter shall not be construed to limit or delay actions by agencies or institutions to arrange for adoptions or other related matters on their ...
  • § 2557.  Regulations and staff.
    The department shall promulgate necessary regulations and shall hire the staff which is necessary to implement this subchapter. ...
  • § 2558.  Retroactive application of subchapter.
    This subchapter shall apply retroactively to all children for whom: (1) Parental rights have been terminated and for whom no report of intention to adopt ...

  • Chapter 27. Petition for Adoption
    Subchapter A. Petition
  • § 2701.  Contents of petition for adoption.
    A petition for adoption shall set forth: (1) The full name, residence, marital status, age, occupation, religious affiliation and racial background of the adopting parent ...
  • § 2702.  Exhibits.
    The petition shall have attached to it the following exhibits: (1) The consent or consents required by section 2711 (relating to consents necessary to adoption). ...

  • Subchapter B. Consents
  • § 2711.  Consents necessary to adoption.
    (a) General rule.--Except as otherwise provided in this part, consent to an adoption shall be required of the following: (1) The adoptee, if over 12 ...
  • § 2712.  Consents not naming adopting parents.
    A consent to a proposed adoption meeting all the requirements of this part but which does not name or otherwise identify the adopting parent or ...
  • § 2713.  When other consents not required.
    The court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when: (1) the adoptee is ...
  • § 2714.  When consent of parent not required.
    Consent of a parent to adoption shall not be required if a decree of termination with regard to such parent has been entered. When parental ...

  • Subchapter C. Hearings
  • § 2721.  Notice of hearing.
    The court shall fix a time and place for hearing. Notice of the hearing shall be given to all persons whose consents are required and ...
  • § 2722.  Place of hearing.
    The hearing shall be private or in open court as the court deems appropriate. ...
  • § 2723.  Attendance at hearing.
    The adopting parent or parents and the adoptee must appear at and, if required, testify at the hearing under oath unless the court determines their ...
  • § 2724.  Testimony and investigation.
    (a) Testimony.--The court shall hear testimony in support of the petition and such additional testimony as it deems necessary to inform it as to the ...
  • § 2725.  Religious belief.
    The intermediary may honor the preference of the natural parents as to the religious faith in which the adoptive parents intend to rear the adopted ...

  • Chapter 29. Decrees and Records
  • § 2901.  Time of entry of decree of adoption.
    Unless the court for cause shown determines otherwise, no decree of adoption shall be entered unless the natural parent or parents' rights have been terminated, ...
  • § 2902.  Requirements and form of decree of adoption.
    (a) General rule.--If satisfied that the statements made in the petition are true, that the needs and welfare of the person proposed to be adopted ...
  • § 2903.  Retention of parental status.
    Whenever a parent consents to the adoption of his child by his spouse, the parent-child relationship between him and his child shall remain whether or ...
  • § 2904.  Name of adoptee.
    If requested by the petitioners, the decree may provide that the adoptee shall assume the name of the adopting parent or parents and any given ...
  • § 2905.  Impounding of proceedings and access to records.
    (a) General rule.--All petitions, exhibits, reports, notes of testimony, decrees, and other papers pertaining to any proceeding under this part or former statutes relating to ...
  • § 2906.  Docket entries.
    Upon the filing of any decree under this part, the clerk shall enter on the docket an entry showing the date of the decree. Information ...
  • § 2907.  Certificate of adoption.
    The clerk shall issue to the adopting parent or parents a certificate reciting that the court has granted the adoption. The certificate shall not disclose ...
  • § 2908.  Foreign decree of adoption.
    (a) Registration.--When a minor is adopted by a resident of this Commonwealth and a final decree of adoption is made or entered in conformity with ...
  • § 2909.  Medical history information.
    (a) Delivery of information.--Prior to the finalization of an adoption, medical history information shall, where practicable, be delivered by the attending physician or other designated ...
  • § 2910.  Penalty for unauthorized disclosure.
    Any officer or employee of the court, other than a judge thereof, the Department of Health, the Department of Public Welfare or any agency who ...

  • PART IV. DIVORCE
    Chapter 31. Preliminary Provisions
  • § 3101.  Short title of part.
    This part shall be known and may be cited as the Divorce Code. ...
  • § 3102.  Legislative findings and intent.
    (a) Policy.--The family is the basic unit in society and the protection and preservation of the family is of paramount public concern. Therefore, it is ...
  • § 3103.  Definitions.
    The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 3104.  Bases of jurisdiction.
    (a) Jurisdiction.--The courts shall have original jurisdiction in cases of divorce and for the annulment of void or voidable marriages and shall determine, in conjunction ...
  • § 3105.  Effect of agreement between parties.
    (a) Enforcement.--A party to an agreement regarding matters within the jurisdiction of the court under this part, whether or not the agreement has been merged ...
  • § 3106.  Premarital agreements.
    (a) General rule.--The burden of proof to set aside a premarital agreement shall be upon the party alleging the agreement to be unenforceable. A premarital ...

  • Chapter 33. Dissolution of Marital Status
    Subchapter A. General Provisions
  • § 3301.  Grounds for divorce.
    (a) Fault.--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has: (1) Committed willful ...
  • § 3302.  Counseling.
    (a) Indignities.--Whenever indignities under section 3301(a)(6) (relating to grounds for divorce) is the ground for divorce, the court shall require up to a maximum of ...
  • § 3303.  Annulment of void and voidable marriages.
    (a) General rule.--In all cases where a supposed or alleged marriage has been contracted which is void or voidable under this title or under applicable ...
  • § 3304.  Grounds for annulment of void marriages.
    (a) General rule.--Where there has been no confirmation by cohabitation following the removal of an impediment, the supposed or alleged marriage of a person shall ...
  • § 3305.  Grounds for annulment of voidable marriages.
    (a) General rule.--The marriage of a person shall be deemed voidable and subject to annulment in the following cases: (1) Where either party to the ...
  • § 3306.  Proceedings to determine marital status.
    When the validity of a marriage is denied or doubted, either or both of the parties to the marriage may bring an action for a ...
  • § 3307.  Defenses.
    (a) General rule.--Existing common-law defenses are retained as to the grounds enumerated in section 3301(a) and (b) (relating to grounds for divorce). The defenses of ...
  • § 3308.  Action where defendant suffering from mental disorder.
    If a spouse is insane or suffering from serious mental disorder, an action may be commenced under this part against that spouse upon any ground ...
  • § 3309.  General appearance and collusion.
    The entry of a general appearance by, or in behalf of, a defendant does not constitute collusion. Collusion shall be found to exist only where ...

  • Subchapter B. Procedure
  • § 3321.  Hearing by master.
    The court may appoint a master to hear testimony on all or some issues, except issues of custody and paternity, and return the record and ...
  • § 3322.  Jury trial.
    (a) Application for jury trial.--After service of the complaint in divorce or annulment on the defendant in the manner prescribed by general rules or entry ...
  • § 3323.  Decree of court.
    (a) General rule.--In all matrimonial causes, the court may either dismiss the complaint or enter a decree of divorce or annulment of the marriage. (b) ...

  • Subchapter C. Attacks Upon Decrees
  • § 3331.  Limitations on attacks upon decrees.
    The validity of a decree of divorce or annulment issued by a court shall not be questioned, except by appeal, in any court or place ...
  • § 3332.  Opening or vacating decrees.
    A motion to open a decree of divorce or annulment may be made only within the period limited by 42 Pa.C.S. § 5505 (relating to ...
  • § 3333.  Res judicata and estoppel.
    The validity of a divorce or annulment decree granted by a court having jurisdiction over the subject matter may not be questioned by a party ...

  • Chapter 35. Property Rights
  • § 3501.  Definitions.
    (a) General rule.--As used in this chapter, "marital property" means all property acquired by either party during the marriage and the increase in value of ...
  • § 3502.  Equitable division of marital property.
    (a) General rule.-- Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in ...
  • § 3503.  Effect of divorce on property rights generally.
    Whenever a decree or judgment is granted which nullifies or absolutely terminates the bonds of matrimony, all property rights which are dependent upon the marital ...
  • § 3504.  Disposition of property after termination of marriage.
    Unless provided otherwise by the court, whenever a decree of divorce or annulment is entered by a court of competent jurisdiction, both parties whose marriage ...
  • § 3505.  Disposition of property to defeat obligations.
    (a) Preliminary relief.--Where it appears to the court that a party is about to leave the jurisdiction of the court or is about to remove ...
  • § 3506.  Statement of reasons for distribution.
    In an order made under this chapter for the distribution of property, the court shall set forth the percentage of distribution for each marital asset ...
  • § 3507.  Division of entireties property between divorced persons.
    § 3507. Division of entireties property between divorced persons. (a) General rule.--Whenever married persons holding property as tenants by entireties are divorced, they shall, except ...
  • § 3508.  Conveyance of entireties property to divorced spouse.
    Whenever married persons have acquired real estate as tenants by entireties and thereafter are divorced, either former spouse, except as otherwise provided by an order ...

  • Chapter 37. Alimony and Support
  • § 3701.  Alimony.
    (a) General rule.--Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds ...
  • § 3702.  Alimony pendente lite, counsel fees and expenses.
    In proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite, spousal support and reasonable counsel fees and expenses. Reasonable counsel ...
  • § 3703.  Enforcement of arrearages.
    If at any time a party is in arrears in the payment of alimony or alimony pendente lite as provided for in sections 3701 (relating ...
  • § 3704.  Payment of support, alimony and alimony pendente lite.
    When so ordered by the court, all payments of child and spousal support, alimony or alimony pendente lite shall be made to the domestic relations ...
  • § 3705.  Enforcement of foreign decrees.
    (a) General rule.--Whenever a person subject to a valid decree of a sister state or territory for the distribution of marital property or for the ...
  • § 3706.  Bar to alimony.
    No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has ...
  • § 3707.  Effect of death of either party.
    Upon the death of the payee party, the right to receive alimony pursuant to this chapter shall cease. Upon the death of the payor party, ...

  • Chapter 39. Mediation
  • § 3901.  Mediation programs.
    (a) Establishment.--A court may establish a mediation program for actions brought under this part or Chapter 53 (relating to custody). (b) Issues subject to mediation.--When ...
  • § 3902.  Fees and costs.
    (a) Imposition of fee.--A county in which the court has established a mediation program may impose an additional filing fee of up to $20 on ...
  • § 3903.  Review of programs.
    The Supreme Court shall monitor mediation programs established by courts of common pleas. The Supreme Court shall establish procedures for the evaluation of the effectiveness ...
  • § 3904.  Existing programs.
    This chapter shall not affect any existing mediation program established in any judicial district pursuant to local rule. ...

  • PART V. SUPPORT, PROPERTY AND CONTRACTS
    Chapter 41. General Provisions
  • § 4101.  Liability for debts contracted before marriage.
    (a) General rule.--A spouse is not liable for the debts of the other spouse contracted before marriage. (b) Liability of property unaffected.--This chapter does not ...
  • § 4102.  Proceedings in case of debts contracted for necessaries.
    § 4102. Proceedings in case of debts contracted for necessaries. In all cases where debts are contracted for necessaries by either spouse for the support ...
  • § 4103.  (Reserved).
    § 4103. (Reserved). ...
  • § 4104.  Right of married person to separate earnings.
    Except as otherwise provided in this title, the separate earnings of any married person of this Commonwealth, whether these earnings are wages for labor, salary, ...
  • § 4105.  Loans between married persons.
    A married person may loan the other spouse money from the separate estate of the married person and take in security therefor a judgment or ...
  • § 4106.  Construction of chapter.
    This chapter shall not be construed to affect Part IV (relating to divorce). ...

  • Chapter 43. Support Matters Generally
    Subchapter A. General Provisions
  • § 4301.  Scope of chapter.
    (a) General rule.--Actions or proceedings provided by this chapter are in addition to and not in substitution of actions or proceedings provided by unsuspended statutes ...
  • § 4302.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 4303.  Information to consumer reporting agency.
    Information regarding the name and the amount of arrearages owed by an obligor shall be provided periodically to consumer reporting agencies whenever the obligor owes ...
  • § 4304.  Cooperation of Commonwealth agencies (Repealed).
    § 4304. Cooperation of Commonwealth agencies (Repealed). 1996 Repeal Note. Section 4304 was repealed October 16, 1996, P.L.706, No.124, effective in 60 days. ...
  • § 4304.1. Cooperation of government and nongovernment agencies.
  • § 4305.  General administration of support matters.
    (a) Powers and duties.--Subject to any inconsistent general rules and to the supervision and direction of the court, the domestic relations section shall have the ...
  • § 4306.  Duties of Title IV-D attorney.
    (a) General rule.--The county Title IV-D attorney shall at all times aid in the enforcement of the duty of child support and child and spousal ...
  • § 4307.  State income tax intercept.
    The department shall have the authority to implement a State income tax refund intercept program pursuant to section 466(a)(3) of the Social Security Act (Public ...
  • § 4308.  Lottery winnings intercept.
    (a) Duty of Department of Revenue.--In the case of any person winning more than $2,500 in the Pennsylvania State Lottery, the Department of Revenue shall ...
  • § 4308.1. Collection of overdue support from monetary awards.
  • § 4309.  Publication of delinquent support obligors.
    (a) General rule.--Any county, through its domestic relations section, may publish the names of delinquent support obligors who are in arrears 30 days or more ...

  • Subchapter B. Support
  • § 4321.  Liability for support.
    Subject to the provisions of this chapter: (1) Married persons are liable for the support of each other according to their respective abilities to provide ...
  • § 4322.  Support guideline.
    (a) Statewide guideline.--Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that ...
  • § 4323.  Support of emancipated child.
    (a) Emancipated child.--A court shall not order either or both parents to pay for the support of a child if the child is emancipated. (b) ...
  • § 4324.  Inclusion of spousal medical support.
    In addition to periodic support payments, the court may require that an obligor pay a designated percentage of a spouse's reasonable and necessary health care ...
  • § 4325.  Payment of order of support.
    Unless procedures established by the department for the State disbursement unit provide otherwise, an order of support shall direct payment to be made payable to ...
  • § 4326.  Mandatory inclusion of child medical support.
    (a) General rule.--In every proceeding to establish or modify an order which requires the payment of child support, the court shall ascertain the ability of ...
  • § 4327.  Postsecondary educational costs.
    (a) General rule.--Where applicable under this section, a court may order either or both parents who are separated, divorced, unmarried or otherwise subject to an ...

  • Subchapter C. Proceedings Generally
  • § 4341.  Commencement of support actions or proceedings.
    (a) Procedure.--A support action or proceeding under this chapter shall be commenced in the manner prescribed by the Rules of Civil Procedure governing actions of ...
  • § 4342.  Expedited procedure.
    (a) General rule.--The Supreme Court shall by general rule provide for expedited procedures for the determination of paternity and the determination and enforcement of support. ...
  • § 4343.  Paternity.
    (a) Determination.--Where the paternity of a child born out of wedlock is disputed, the determination of paternity shall be made by the court in a ...
  • § 4344.  Contempt for failure of obligor to appear.
    A person who willfully fails or refuses to appear in response to a duly served order or other process under this chapter may, as prescribed ...
  • § 4345.  Contempt for noncompliance with support order.
    (a) General rule.--A person who willfully fails to comply with any order under this chapter, except an order subject to section 4344 (relating to contempt ...
  • § 4346.  Contempt for noncompliance with visitation or partial custody order.
    § 4346. Contempt for noncompliance with visitation or partial custody order. (a) General rule.--A party who willfully fails to comply with any visitation or partial ...
  • § 4347.  Security for attendance or performance.
    At any stage of the proceedings under this chapter, upon affidavit filed that the obligor is about to leave this Commonwealth or the judicial district ...
  • § 4348.  Attachment of income.
    (a) Existing and certain future orders.--All orders of support existing as of the effective date of this provision, as well as all orders of support ...
  • § 4349.  Consolidation of proceedings.
    In order to facilitate frequent and unimpeded contact between children and parents, a judge may consolidate with a support action or proceeding any proceeding commenced ...
  • § 4350.  Effect of appeal.
    An appeal from an order of support entered pursuant to this chapter shall not operate as a supersedeas unless so ordered by the court. ...
  • § 4351.  Costs and fees.
    (a) General rule.--If an obligee prevails in a proceeding to establish paternity or to obtain a support order, the court may assess against the obligor ...
  • § 4352.  Continuing jurisdiction over support orders.
    (a) General rule.--The court making an order of support shall at all times maintain jurisdiction of the matter for the purpose of enforcement of the ...
  • § 4353.  Duty to report.
    (a) Notice of changes affecting support.--An individual who is a party to a support proceeding shall notify the domestic relations section, the department and the ...
  • § 4354.  Willful failure to pay support order.
    (a) Offense defined.--An individual who willfully fails to comply with a support order of a court of this Commonwealth when the individual has the financial ...
  • § 4355.  Denial or suspension of licenses.
    (a) General rule.--Except as provided in subsection (d.1), where the domestic relations section or the department has been unable to attach the income of an ...

  • Subchapter D. Proceedings Against Entireties Property
  • § 4361.  Execution of support order against entireties property.
    (a) Entry of order.--Whenever married persons hold real property by the entireties and one spouse secures an order of court against the other spouse for ...
  • § 4362.  Plaintiff's share of proceeds of sale.
    (a) General rule.--The plaintiff spouse shall be entitled, out of the proceeds of this sale, to such sums of money as represents the share in ...
  • § 4363.  Trustee to distribute proceeds of sale.
    (a) Appointment of trustee.--The court shall, at the time of the hearing or thereafter, appoint a trustee who shall receive from the sheriff the proceeds ...
  • § 4364.  Credit to plaintiff who purchases property.
    (a) General rule.--If the plaintiff spouse becomes the purchaser at the execution sale, the plaintiff shall be entitled to a credit on the purchase price ...
  • § 4365.  Rights of divorced person in entireties property sold for support.
    § 4365. Rights of divorced person in entireties property sold for support. (a) General rule.--After the divorce of any spouse who is a tenant by ...
  • § 4366.  Other enforcement remedies preserved.
    This subchapter and other provisions of this chapter do not remove from the plaintiff the rights to any other existing remedies to enforce a support ...

  • Subchapter E. Title IV-D Program and Related Matters
  • § 4371.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 4372.  Establishment of Title IV-D program.
    (a) Designation of Title IV-D agency.--The department is the Title IV-D State agency. The department shall create a single and separate organizational unit which shall ...
  • § 4373.  Administration of Title IV-D program.
    (a) Parent locator service.--The department shall maintain a parent locator service for the purpose of establishing parentage, for establishing, setting the amount of, modifying or ...
  • § 4374.  State disbursement unit.
    (a) Establishment.--The department shall establish and operate a State disbursement unit for collection and disbursement of payments on child support orders consistent with Federal law. ...
  • § 4375.  Access to records.
    (a) Access to be granted.--The secretary or his designees in writing shall have access to all records, and the department in cooperation with all other ...
  • § 4376.  Central registry.
    (a) Central registry created.--A central registry of records shall be maintained in the department showing, as far as it is known, with respect to any ...
  • § 4377.  Power to expedite support cases.
    (a) Administrative powers.--The department shall have Statewide jurisdiction to issue the following administrative orders to expedite the establishment and enforcement of support on behalf of ...
  • § 4378.  Assistance recipients to seek support.
    (a) Seeking support required.--Prior to authorization, every applicant for assistance whose circumstances include the reported absence of a legally responsible relative from the household or ...
  • § 4379.  Cooperation required.
    In accordance with a child support plan approved by the Federal Government, the department shall have the power and its duty shall be to: (1) ...
  • § 4380.  Enforcement of cooperation requirements.
    (a) Cooperation required.--It is essential to the effective and responsible utilization of assistance funds that applicants and recipients who are caretakers of a child whose ...
  • § 4381.  Garnishment of wages of Commonwealth employees.
    Notwithstanding any other provision of law, moneys due from or payable by the Commonwealth, including any agency, instrumentality or authority thereof, due to any individual ...

  • Subchapter F. New Hire Reporting
  • § 4391.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 4392.  Employer reporting.
    (a) General rule.--For purposes of enhancing child support enforcement activities, including the location of individuals, the establishment of paternity and the enforcement of child support ...
  • § 4393.  Use of information.
    (a) Access to information.--The domestic relations sections and the department shall have access to all information required under this subchapter for purposes of locating individuals, ...
  • § 4394.  Guidelines.
    The Department of Labor and Industry shall develop guidelines for employers to use to determine if an individual qualifies as an employee under this subchapter. ...
  • § 4395.  Confidentiality.
    All information received pursuant to this subchapter shall be confidential and shall be used only for the purposes set forth herein. A person commits a ...
  • § 4396.  Penalties.
    An employer that fails to report pursuant to this subchapter may be provided a written warning for the first violation and is subject to a ...

  • Chapter 45. Reciprocal Enforcement of Support Orders (Repealed)
    § 4501 - § 4540 (Repealed).
    Chapter 46. Support of the Indigent
  • § 4601.  Scope of chapter.
    This chapter relates to support of indigent persons. ...
  • § 4602.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 4603.  Relatives' liability; procedure.
    (a) Liability.-- (1) Except as set forth in paragraph (2), all of the following individuals have the responsibility to care for and maintain or financially ...
  • § 4604.  Property liable for expenses.
    (a) General rule.--Except as limited by subsection (c), the following apply: (1) Subject to paragraph (2), the personal property of an indigent person shall be ...
  • § 4605.  Recovery of money.
    (a) Recovery.--Whenever any person shall become a public charge or receive public assistance, the public body or public agency caring for or furnishing the assistance ...
  • § 4606.  Guardian.
    (a) Petition.--Any public body or public agency caring for or assisting any indigent person may petition the court of common pleas, if the person is ...

  • PART VI. CHILDREN AND MINORS
    Chapter 51. General Provisions
  • § 5101.  Attainment of full age.
    (a) Age for entering into contracts.--Any individual 18 years of age and older shall have the right to enter into binding and legally enforceable contracts ...
  • § 5102.  Children declared to be legitimate.
    (a) General rule.--All children shall be legitimate irrespective of the marital status of their parents, and, in every case where children are born out of ...
  • § 5103.  Acknowledgment and claim of paternity.
    (a) Acknowledgment of paternity.--The father of a child born to an unmarried woman may file with the Department of Public Welfare, on forms prescribed by ...
  • § 5104.  Blood tests to determine paternity.
    (a) Short title of section.--This section shall be known and may be cited as the Uniform Act on Blood Tests to Determine Paternity. (b) Scope ...
  • § 5105.  Fingerprinting of children.
    Notwithstanding the provisions of 54 Pa.C.S. § 702(b) (relating to change by order of court), a child who is 12 years of age or younger ...

  • Chapter 53. Custody
    Subchapter A. General Provisions
  • § 5301.  Declaration of policy.
    The General Assembly declares that it is the public policy of this Commonwealth, when in the best interest of the child, to assure a reasonable ...
  • § 5302.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 5303.  Award of custody, partial custody or visitation.
    (a) General rule.-- (1) In making an order for custody or partial custody, the court shall consider the preference of the child as well as ...
  • § 5304.  Award of shared custody.
    An order for shared custody may be awarded by the court when it is in the best interest of the child: (1) upon application of ...
  • § 5305.  Counseling.
    (a) General rule.--The court may require the parents to attend counseling sessions and may consider the recommendations of the counselors prior to awarding sole or ...
  • § 5306.  Plan for implementation of custody order.
    The court, in its discretion, may require the parents to submit to the court a plan for the implementation of any custody order made under ...
  • § 5307.  Denial of custody under agreement or plan.
    When the court declines to enter an order awarding custody either as agreed to by the parents or under the plan developed by the parents, ...
  • § 5308.  Removal of party or child from jurisdiction.
    If either party intends to or does remove himself or the child from this Commonwealth after a custody order has been made, the court, on ...
  • § 5309.  Access to records and information.
    (a) General rule.--Except as provided in subsections (b) and (c), each parent shall be provided access to all the medical, dental, religious or school records ...
  • § 5310.  Modification of existing custody orders.
    Any order for the custody of the child of a marriage entered by a court in this Commonwealth or any state may, subject to the ...
  • § 5311.  When parent deceased.
    If a parent of an unmarried child is deceased, the parents or grandparents of the deceased parent may be granted reasonable partial custody or visitation ...
  • § 5312.  When parents' marriage is dissolved or parents are separated.
    § 5312. When parents' marriage is dissolved or parents are separated. In all proceedings for dissolution, subsequent to the commencement of the proceeding and continuing ...
  • § 5313.  When grandparents may petition.
    (a) Partial custody and visitation.--If an unmarried child has resided with his grandparents or great-grandparents for a period of 12 months or more and is ...
  • § 5314.  Exception for adopted children.
    Sections 5311 (relating to when parent deceased), 5312 (relating to when parents' marriage is dissolved or parents are separated) and 5313 (relating to when child ...

  • Subchapter B. Child Custody Jurisdiction (Repealed)
    § 5341 - § 5366 (Repealed).
    Chapter 54. Uniform Child Custody Jurisdiction and Enforcement
    Subchapter A. General Provisions
  • § 5401.  Short title of chapter.
    This chapter shall be known and may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. ...
  • § 5402.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 5403.  Proceedings governed by other law.
    This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. ...
  • § 5404.  Application to Native American tribes.
    (a) Primacy of Indian Child Welfare Act.--A child custody proceeding that pertains to a Native American child as defined in the Indian Child Welfare Act ...
  • § 5405.  International application of chapter.
    (a) Foreign country treated as state.--A court of this Commonwealth shall treat a foreign country as if it were a state of the United States ...
  • § 5406.  Effect of child custody determination.
    A child custody determination made by a court of this Commonwealth that had jurisdiction under this chapter binds all persons who have been served in ...
  • § 5407.  Priority.
    If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a ...
  • § 5408.  Notice to persons outside Commonwealth.
    (a) General rule.--Notice required for the exercise of jurisdiction when a person is outside this Commonwealth may be given in a manner prescribed by the ...
  • § 5409.  Appearance and limited immunity.
    (a) General rule.--A party to a child custody proceeding, including a modification proceeding or a petitioner or respondent in a proceeding to enforce or register ...
  • § 5410.  Communication between courts.
    (a) General rule.--A court of this Commonwealth may communicate with a court in another state concerning a proceeding arising under this chapter. (b) Participation of ...
  • § 5411.  Taking testimony in another state.
    (a) General rule.--In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are ...
  • § 5412.  Cooperation between courts; preservation of records.
    (a) Assistance of another state.--A court of this Commonwealth may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order ...

  • Subchapter B. Jurisdiction
  • § 5421.  Initial child custody jurisdiction.
    (a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth has jurisdiction to make an initial ...
  • § 5422.  Exclusive, continuing jurisdiction.
    (a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth which has made a child custody ...
  • § 5423.  Jurisdiction to modify determination.
    Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth may not modify a child custody determination made ...
  • § 5424.  Temporary emergency jurisdiction.
    (a) General rule.--A court of this Commonwealth has temporary emergency jurisdiction if the child is present in this Commonwealth and the child has been abandoned ...
  • § 5425.  Notice; opportunity to be heard; joinder.
    (a) General rule.--Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of ...
  • § 5426.  Simultaneous proceedings.
    (a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction), a court of this Commonwealth may not exercise its jurisdiction under ...
  • § 5427.  Inconvenient forum.
    (a) General rule.--A court of this Commonwealth which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction ...
  • § 5428.  Jurisdiction declined by reason of conduct.
    (a) General rule.--Except as otherwise provided in section 5424 (relating to temporary emergency jurisdiction) or by other laws of this Commonwealth, if a court of ...
  • § 5429.  Information to be submitted to court.
    (a) General rule.--Subject to the rules set forth in Chapter 53 (relating to child custody) providing for the confidentiality of procedures, addresses and other identifying ...
  • § 5430.  Appearance of parties and child.
    (a) General rule.--In a child custody proceeding in this Commonwealth, the court may order a party to the proceeding who is in this Commonwealth to ...

  • Subchapter C. Enforcement
  • § 5441.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 5442.  Enforcement under Hague Convention.
    Under this subchapter a court of this Commonwealth may enforce an order for the return of the child made under the Hague Convention on the ...
  • § 5443.  Duty to enforce.
    (a) General rule.--A court of this Commonwealth shall recognize and enforce a child custody determination of a court of another state if the latter court ...
  • § 5444.  Temporary visitation.
    (a) General rule.--A court of this Commonwealth which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) ...
  • § 5445.  Registration of child custody determination.
    (a) General rule.--A child custody determination issued by a court of another state may be registered in this Commonwealth, with or without a simultaneous request ...
  • § 5446.  Enforcement of registered determination.
    (a) General rule.--A court of this Commonwealth may grant any relief normally available under the laws of this Commonwealth to enforce a registered child custody ...
  • § 5447.  Simultaneous proceedings.
    If a proceeding for enforcement under this subchapter is commenced in a court of this Commonwealth and the court determines that a proceeding to modify ...
  • § 5448.  Expedited enforcement of child custody determination.
    (a) Verification.--A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must ...
  • § 5449.  Service of petition and order.
    Except as otherwise provided in section 5451 (relating to warrant to take physical custody of child), the petition and order must be served by any ...
  • § 5450.  Hearing and order.
    (a) General rule.--Unless the court issues a temporary emergency order pursuant to section 5424 (relating to temporary emergency jurisdiction), upon a finding that a petitioner ...
  • § 5451.  Warrant to take physical custody of child.
    (a) General rule.--Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance ...
  • § 5452.  Costs, fees and expenses.
    (a) General rule.--The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including ...
  • § 5453.  Recognition and enforcement.
    A court of this Commonwealth shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces ...
  • § 5454.  Appeals.
    An appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. ...
  • § 5455.  Role of prosecutor or public official.
    (a) General rule.--In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or ...
  • § 5456.  Role of law enforcement.
    At the request of a prosecutor or other appropriate public official acting under section 5455 (relating to role of prosecutor or public official), a law ...
  • § 5457.  Costs and expenses.
    If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or ...

  • Subchapter D. Intrastate Application
  • § 5471.  Intrastate application.
    The provisions of this chapter allocating jurisdiction and functions between and among courts of different states shall also allocate jurisdiction and functions between and among ...

  • Subchapter E. Miscellaneous Provisions
  • § 5481.  Application and construction.
    In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter ...
  • § 5482.  Severability.
    If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or ...

  • Chapter 55. Liability for Tortious Acts of Children
  • § 5501.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 5502.  Liability of parents.
    Any parent whose child is found liable or is adjudged guilty by a court of competent jurisdiction of a tortious act shall be liable to ...
  • § 5503.  Establishing liability in criminal or juvenile proceedings.
    § 5503. Establishing liability in criminal or juvenile proceedings. (a) General rule.--In any criminal proceeding against a child and in any proceeding against a child ...
  • § 5504.  Establishing liability in civil proceedings.
    (a) Petition.--If a judgment has been rendered against the child in a civil action for injury because of the tortious act of the child and ...
  • § 5505.  Monetary limits of liability.
    (a) General rule.--Liability of the parents under this chapter shall be limited to: (1) The sum of $1,000 for injuries suffered by any one person ...
  • § 5506.  Double recovery for same injury prohibited.
    In no case shall there be a double recovery for one injury. Any judgment against a child resulting from a tortious act for which a ...
  • § 5507.  Indemnity or contribution from child prohibited.
    The parent shall have no right of indemnity or contribution against the child. ...
  • § 5508.  Liability of parent not having custody or control of child.
    § 5508. Liability of parent not having custody or control of child. (a) General rule.--No liability may be imposed upon a parent under this chapter ...
  • § 5509.  Other liability of parent or child unaffected.
    The liability imposed upon parents by this chapter shall not limit the common-law liability of parents for damages caused by a child and shall be ...

  • Chapter 56. Standby Guardianship
    Subchapter A. Preliminary Provisions
  • § 5601.  Short title of chapter.
    This chapter shall be known and may be cited as the Standby Guardianship Act. ...
  • § 5602.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 5603.  Scope.
    The provisions of Chapter 53 (relating to custody) and 20 Pa.C.S. Ch. 25 (relating to wills) shall apply to standby guardians, coguardians, guardians and any ...

  • Subchapter B. General Provisions
  • § 5611.  Designation.
    (a) General rule.--A custodial parent, a legal custodian or legal guardian may designate a standby guardian by means of a written designation unless the minor ...
  • § 5612.  Petition for approval of a designation.
    (a) General rule.--A petition for court approval of a designation under this chapter may be made at any time by filing with the court a ...
  • § 5613.  Authority of standby guardian.
    (a) General rule.--The standby guardian shall have authority to act as coguardian or guardian upon the occurrence of the triggering event. The commencement of the ...
  • § 5614.  Revocation.
    (a) Prepetition.--Prior to a petition being filed under section 5612 (relating to petition for approval of a designation), the designator may revoke a standby guardianship ...
  • § 5615.  Conflicting documents.
    If a parent has appointed a testamentary guardian of the person or estate of a minor by will under 20 Pa.C.S. § 2519 (relating to ...
  • § 5616.  Bond.
    In no event shall a standby guardian be required to post bond prior to the occurrence of the triggering event. The court may require a ...

  • PART VII. ABUSE OF FAMILY
    Chapter 61. Protection from Abuse
  • § 6101.  Short title of chapter.
    § 6102. Definitions. § 6103. Jurisdiction. § 6104. Full faith and credit and foreign protection orders. § 6105. Responsibilities of law enforcement agencies. § 6106. ...
  • § 6102.  Definitions.
    (a) General rule.--The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context ...
  • § 6103.  Jurisdiction.
    (a) General rule.--The court shall have jurisdiction over all proceedings under this chapter. (b) Effect of departure and nonresidence.--The right of the plaintiff to relief ...
  • § 6104.  Full faith and credit and foreign protection orders.
    (a) General rule.--A court shall recognize and enforce a valid foreign protection order issued by a comparable court. The validity of a foreign protection order ...
  • § 6105.  Responsibilities of law enforcement agencies.
    (a) General rule.--The police department of each municipal corporation, the Pennsylvania State Police and the sheriff of each county shall insure that all their officers, ...
  • § 6106.  Commencement of proceedings.
    (a) General rule.--An adult or an emancipated minor may seek relief under this chapter for that person or any parent, adult household member or guardian ...
  • § 6107.  Hearings.
    (a) General rule.--Within ten business days of the filing of a petition under this chapter, a hearing shall be held before the court, at which ...
  • § 6108.  Relief.
    (a) General rule.--The court may grant any protection order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or ...
  • § 6108.1. Return of relinquished firearms, other weapons and
    ammunition and additional relief.

    § 6108.2. Relinquishment for consignment sale, lawful transfer
    or safekeeping.

    § 6108.3. Relinquishment to third part for safekeeping.
    § 6108.4. Registry or database of firearm ownership.
    § 6108.5. Penalties for release of information.
  • § 6109.  Service of orders.
    (a) Issuance.--A copy of an order under this chapter shall be issued to the plaintiff, the defendant and the police department with appropriate jurisdiction to ...
  • § 6110.  Emergency relief by minor judiciary.
    (a) General rule.--When: (1) in counties with less than four judges, the court is unavailable: (i) from the close of business at the end of ...
  • § 6111.  Domestic violence counselor/advocate.
    A domestic violence counselor/advocate may accompany a party to any legal proceeding or hearing under this chapter. (Oct. 6, 1994, P.L.574, No.85, eff. 60 days) ...
  • § 6112.  Disclosure of addresses.
    During the course of a proceeding under this chapter, the court or hearing officer may consider whether the plaintiff or plaintiff's family is endangered by ...
  • § 6113.  Arrest for violation of order.
    (a) General rule.--An arrest for violation of an order issued pursuant to this chapter or a foreign protection order may be without warrant upon probable ...
  • § 6113.1. Private criminal complaints for violation of order or
    agreement.

  • § 6114.  Contempt for violation of order or agreement.
    (a) General rule.--Where the police, sheriff or the plaintiff have filed charges of indirect criminal contempt against a defendant for violation of a protection order ...
  • § 6114.1. Civil contempt or modification for violation of an
    order or agreement.

  • § 6115.  Reporting abuse and immunity.
    (a) Reporting.--A person having reasonable cause to believe that a person is being abused may report the information to the local police department. (b) Contents ...
  • § 6116.  Confidentiality.
    Unless a victim waives the privilege in a signed writing prior to testimony or disclosure, a domestic violence counselor/advocate or a coparticipant who is present ...
  • § 6117.  Procedure and other remedies.
    (a) General rule.--Unless otherwise indicated in this chapter, a proceeding under this chapter shall be in accordance with applicable general rules and shall be in ...
  • § 6118.  Full faith and credit (Repealed).
    § 6118. Full faith and credit (Repealed). 2001 Repeal Note. Section 6118 was repealed June 22, 2001, P.L.576, No.39, effective in 60 days. ...
  • § 6119.  Immunity.
    (a) General rule.--Law enforcement agencies and their employees, including police officers and sheriffs, shall, except as provided in subsection (b), be immune from civil liability ...
  • § 6120.  Inability to pay.
    (a) Order for installment payments.--Upon plea and proof that a person is without the financial means to pay a fine, a fee, economic relief ordered ...
  • § 6121.  Warrantless searches.
    Except as provided in section 6113 (relating to arrest for violation of order), nothing in this chapter shall authorize a warrantless search for firearms, other ...
  • § 6122.  Construction.
    Nothing in this chapter shall be construed to preclude an action for wrongful use of civil process pursuant to 42 Pa.C.S. Ch. 83 Subch. E ...

  • Chapter 63. Child Protective Services
    Subchapter A. Preliminary Provisions
  • § 6301.  Short title of chapter.
    This chapter shall be known and may be cited as the Child Protective Services Law. ...
  • § 6302.  Findings and purpose of chapter.
    (a) Findings.--Abused children are in urgent need of an effective child protective service to prevent them from suffering further injury and impairment. (b) Purpose.--It is ...
  • § 6303.  Definitions.
    (a) General rule.--The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context ...

  • Subchapter B. Provisions and Responsibilities for Reporting
    Suspected Child Abuse
  • § 6311.  Persons required to report suspected child abuse.
    (a) General rule.--A person who, in the course of employment, occupation or practice of a profession, comes into contact with children shall report or cause ...
  • § 6312.  Persons permitted to report suspected child abuse.
    In addition to those persons and officials required to report suspected child abuse, any person may make such a report if that person has reasonable ...
  • § 6313.  Reporting procedure.
    (a) General rule.--Reports from persons required to report under section 6311 (relating to persons required to report suspected child abuse) shall be made immediately by ...
  • § 6314.  Photographs, medical tests and X-rays of child subject to report.
    § 6314. Photographs, medical tests and X-rays of child subject to report. A person or official required to report cases of suspected child abuse may ...
  • § 6315.  Taking child into protective custody.
    (a) General rule.--A child may be taken into protective custody: (1) As provided by 42 Pa.C.S. § 6324 (relating to taking into custody). (2) By ...
  • § 6316.  Admission to private and public hospitals.
    (a) General rule.--Children appearing to suffer any physical or mental condition which may constitute child abuse shall be admitted to, treated and maintained in facilities ...
  • § 6317.  Mandatory reporting and postmortem investigation of deaths.
    § 6317. Mandatory reporting and postmortem investigation of deaths. A person or official required to report cases of suspected child abuse, including employees of a ...
  • § 6318.  Immunity from liability.
    (a) General rule.--A person, hospital, institution, school, facility, agency or agency employee that participates in good faith in the making of a report, whether required ...
  • § 6319.  Penalties for failure to report or to refer.
    A person or official required by this chapter to report a case of suspected child abuse or to make a referral to the appropriate authorities ...

  • Subchapter C. Powers and Duties of Department
  • § 6331.  Establishment of pending complaint file, Statewide central register and file of unfounded reports.
    SUBCHAPTER C POWERS AND DUTIES OF DEPARTMENT Sec. 6331. Establishment of pending complaint file, Statewide central register and file of unfounded reports. 6332. Establishment of ...
  • § 6332.  Establishment of Statewide toll-free telephone number.
    (a) General rule.--The department shall establish a single Statewide toll-free telephone number that all persons, whether mandated by law or not, may use to report ...
  • § 6333.  Continuous availability of department.
    The department shall be capable of receiving oral reports of child abuse made pursuant to this chapter, reports under section 6353.2 (relating to responsibilities of ...
  • § 6334.  Disposition of complaints received.
    (a) Notice to county agency.--Upon receipt of a complaint of suspected child abuse, the department shall immediately transmit orally to the appropriate county agency notice ...
  • § 6335.  Information in pending complaint and unfounded report files.
    § 6335. Information in pending complaint and unfounded report files. (a) Information authorized.--The information contained in the pending complaint file shall be limited to the ...
  • § 6336.  Information in Statewide central register.
    (a) Information authorized.--The Statewide central register shall include and shall be limited to the following information: (1) The names, Social Security numbers, age and sex ...
  • § 6337.  Disposition of unfounded reports.
    (a) General rule.--When a report of suspected child abuse is determined by the appropriate county agency to be an unfounded report, the information concerning that ...
  • § 6338.  Disposition of founded and indicated reports.
    (a) General rule.--When a report of suspected child abuse or a report under Subchapter C.1 (relating to students in public and private schools) is determined ...
  • § 6339.  Confidentiality of reports.
    Except as otherwise provided in this subchapter, reports made pursuant to this chapter, including, but not limited to, report summaries of child abuse and written ...
  • § 6340.  Release of information in confidential reports.
    (a) General rule.--Reports specified in section 6339 (relating to confidentiality of reports) shall only be made available to: (1) An authorized official of a county ...
  • § 6341.  Amendment or expunction of information.
    (a) General rule.--At any time: (1) The secretary may amend or expunge any record under this chapter upon good cause shown and notice to the ...
  • § 6342.  Studies of data in records.
    The department may conduct or authorize the conducting of studies of the data contained in the pending complaint file and the Statewide central register and ...
  • § 6343.  Investigating performance of county agency.
    (a) General rule.--If, within 30 days from the date of an initial report of suspected child abuse, the appropriate county agency has not investigated the ...
  • § 6343.1. Citizen review panels.
  • § 6344.  Information relating to prospective child-care personnel.
    § 6344. Information relating to prospective child-care personnel. (a) Applicability.--This section applies to all prospective employees of child-care services, prospective foster parents, prospective adoptive parents, ...
  • § 6344.1. Information relating to family day-care
    home residents.

    § 6344.2. Information relating to other persons having contact
    with children.

  • § 6345.  Audits by Attorney General.
    The Attorney General shall conduct a mandated audit done randomly but at least once during each year on an unannounced basis to ensure that the ...
  • § 6346.  Cooperation of other agencies.
    (a) General rule.--The secretary may request and shall receive from Commonwealth agencies, political subdivisions, an authorized agency or any other agency providing services under the ...
  • § 6347.  Reports to Governor and General Assembly.
    (a) General rule.--No later than May 1 of every year, the secretary shall prepare and transmit to the Governor and the General Assembly a report ...
  • § 6348.  Regulations.
    The department shall adopt regulations necessary to implement this chapter. Special Provisions in Appendix. See section 10(2) of Act 151 of 1994 in the appendix ...
  • § 6349.  Penalties.
    (a) Failure to amend or expunge information.-- (1) A person or official authorized to keep the records mentioned in section 6337 (relating to disposition of ...

  • Subchapter C.1. Students in Public and Private Schools
  • § 6351.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 6352.  School employees.
    (a) Requirement.-- (1) Except as provided in paragraph (2), a school employee who has reasonable cause to suspect, on the basis of professional or other ...
  • § 6353.  Administration.
    (a) Requirement.--An administrator and a school employee governed by section 6352(a)(2) (relating to school employees) shall report immediately to law enforcement officials and the appropriate ...
  • § 6353.1. Investigation.
    § 6353.2. Responsibilities of county agency.
    § 6353.3. Information in Statewide central register.
    § 6353.4. Other provisions.
    Subchapter C.2. Background Checks for Employment in Schools
  • § 6354.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 6355.  Requirement.
    (a) Investigation.-- (1) Except as provided in paragraph (2), an administrator shall require each applicant to submit an official clearance statement obtained from the department ...
  • § 6356.  Exceptions.
    Section 6355 (relating to requirement) shall not apply to any of the following: (1) A school employee who is: (i) under 21 years of age; ...
  • § 6357.  Fee.
    The department may charge a fee of not more than $10 for the official clearance statement required under section 6355(a) (relating to requirement). ...
  • § 6358.  Time limit for official clearance statement.
    The department shall comply with the official clearance statement requests under section 6355(a) (relating to requirement) within 14 days of receipt of the request. ...

  • Subchapter D. Organization and Responsibilities of Child
    Protective Service
  • § 6361.  Organization for child protective services.
    (a) Establishment.--Every county agency shall make available child protective services within the agency. The department may waive the requirement that a county agency be the ...
  • § 6362.  Responsibilities of county agency for child protective services.
    § 6362. Responsibilities of county agency for child protective services. (a) General rule.--The county agency shall be the sole civil agency responsible for receiving and ...
  • § 6363.  County plan for protective services.
    The county agency shall include provisions for protective services in its annual plan as required by the act of June 13, 1967 (P.L.31, No.21), known ...
  • § 6364.  Purchasing services of other agencies.
    Any other provision of law notwithstanding but consistent with sections 6361 (relating to organization for child protective services) and 6362 (relating to responsibilities of county ...
  • § 6365.  Services for prevention, investigation and treatment of child abuse.
    § 6365. Services for prevention, investigation and treatment of child abuse. (a) Instruction and education.--Each county agency shall make available among its services for the ...
  • § 6366.  Continuous availability to receive reports.
    Each county agency shall receive 24 hours a day, seven days a week, all reports, both oral and written, of suspected child abuse in accordance ...
  • § 6367.  Reports to department and coroner.
    (a) Reports to department.--Upon the receipt of each report of suspected child abuse made pursuant to this chapter, the county agency shall immediately transmit a ...
  • § 6368.  Investigation of reports.
    (a) General rule.--Upon receipt of each report of suspected child abuse, the county agency shall immediately commence an appropriate investigation and see the child immediately ...
  • § 6369.  Taking child into protective custody.
    Pursuant to the provisions of section 6315 (relating to taking child into protective custody) and after receipt of a court order, the county agency shall ...
  • § 6370.  Voluntary or court-ordered services; findings of child abuse.
    § 6370. Voluntary or court-ordered services; findings of child abuse. (a) General rule.--Based on the investigation and evaluation conducted pursuant to this chapter, the county ...
  • § 6371.  Rehabilitative services for child and family.
    The county agency shall provide or arrange for and monitor rehabilitative services for children and their families on a voluntary basis or under a final ...
  • § 6372.  Protecting well-being of children maintained outside home.
    § 6372. Protecting well-being of children maintained outside home. The county agency shall be as equally vigilant of the status, well-being and conditions under which ...
  • § 6373.  General protective services responsibilities of county agency.
    § 6373. General protective services responsibilities of county agency. (a) Program objectives.--Each county agency is responsible for administering a program of general protective services to ...
  • § 6374.  Principles and goals of general protective services.
    (a) Primary purpose.--The primary purpose of general protective services is to protect the rights and welfare of children so that they have an opportunity for ...
  • § 6375.  County agency requirements for general protective services.
    § 6375. County agency requirements for general protective services. (a) Duties of county agency.--The county agency shall make available a program of general protective services ...
  • § 6376.  Appeals with respect to general protective services.
    (a) Right to appeal.--A custodial parent or person who has primary responsibility for the welfare of a child may appeal the county agency's decision to ...
  • § 6377.  Caseloads.
    The department by regulation shall set forth staff-to-family ratios for general protective services. (Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1997) 1994 Amendment. Act ...
  • § 6378.  Purchase of services.
    Except for the receipt and assessment of reports alleging a need for protective services, the county agency may purchase and utilize the services of any ...

  • Subchapter E. Miscellaneous Provisions
  • § 6381.  Evidence in court proceedings.
    (a) General rule.--In addition to the rules of evidence provided under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the rules of evidence in this ...
  • § 6382.  Guardian ad litem for child in court proceedings (Repealed).
    § 6382. Guardian ad litem for child in court proceedings (Repealed). 2000 Repeal Note. Section 6382 was repealed May 10, 2000, P.L.74, No.18, effective in ...
  • § 6383.  Education and training.
    (a) Duties of department and county agencies.--The department and each county agency, both jointly and individually, shall conduct a continuing publicity and education program for ...
  • § 6384.  Legislative oversight.
    A committee of the Senate designated by the President pro tempore of the Senate and a committee of the House of Representatives designated by the ...
  • § 6385.  Reimbursement to county agencies.
    The department shall certify in accordance with the needs- based budgeting provisions of Article VII of the act of June 13, 1967 (P.L.31, No.21), known ...
  • § 6386.  Mandatory reporting of infants born and identified as being affected by illegal substance abuse.
    § 6386. Mandatory reporting of infants born and identified as being affected by illegal substance abuse. Health care providers who are involved in the delivery ...

  • Chapter 65. Newborn Protection
  • § 6501.  Short title of chapter.
    This chapter shall be known and may be cited as the Newborn Protection Act. ...
  • § 6502.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 6503.  Nonliability.
    A parent of a newborn shall not be criminally liable under any provision of Title 18 (relating to crimes and offenses) if the criteria set ...
  • § 6504.  Accepting newborns.
    (a) General rule.--A health care provider at a hospital shall do all of the following relating to a newborn accepted under this chapter: (1) Take ...
  • § 6505.  Reporting acceptance of newborns.
    A health care provider at a hospital shall in all cases notify the county agency and the local municipal police department or the Pennsylvania State ...
  • § 6506.  Failure to report acceptance of newborns.
    A health care provider at a hospital who intentionally or knowingly fails to report the acceptance by a hospital of a newborn as required by ...
  • § 6507.  Immunity granted to health care providers and hospitals.
    § 6507. Immunity granted to health care providers and hospitals. Except for a violation of section 6506 (relating to failure to report acceptance of newborns), ...
  • § 6508.  Duty of hospital.
    A hospital shall insure that its officers, health care providers and employees are familiar with the provisions of this chapter, section 6315(a)(3) (relating to taking ...
  • § 6509.  Duties of department.
    The department shall provide educational materials for use by hospitals, health care providers and employees at hospitals regarding this chapter, section 6315(a)(3) (relating to taking ...

  • Chapter 67. Domestic and Sexual Violence Victim Address
    Confidentiality
  • § 6701.  Short title of chapter.
    § 6702. Definitions. § 6703. Address Confidentiality Program. § 6704. Persons eligible to apply. § 6705. Application and certification process. § 6706. Cancellation, expiration and ...
  • § 6702.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 6703.  Address Confidentiality Program.
    (a) Establishment.--The Office of Victim Advocate shall establish a program to be known as the Address Confidentiality Program. Upon application and certification, persons eligible under ...
  • § 6704.  Persons eligible to apply.
    The following persons shall be eligible to apply to become program participants: (1) A victim of domestic violence who files an affidavit with the Office ...
  • § 6705.  Application and certification process.
    (a) General rule.--A person must file an application with the Office of Victim Advocate on a form prescribed by the Office of Victim Advocate. The ...
  • § 6706.  Cancellation, expiration and voluntary withdrawal.
    (a) Cancellation.--The Office of Victim Advocate shall cancel the certification of a program participant if: (1) the program participant willingly provided false information on any ...
  • § 6707.  Agency use of designated address.
    State and local government agencies shall accept the substitute address designated on a valid program participation card issued to the program participant by the Office ...
  • § 6708.  Disclosure of actual address.
    The Office of Victim Advocate shall not disclose the actual address of a program participant except to any of the following: (1) A State or ...
  • § 6709.  Waiver process.
    (a) Request for waiver.--A State or local government agency requesting disclosure of a program participant's actual address pursuant to this section shall make such a ...
  • § 6710.  Emergency disclosure.
    (a) General rule.--The Office of Victim Advocate shall establish a system to respond to requests for emergency disclosures that will provide for 24-hour access to ...
  • § 6711.  Penalties.
    (a) False information.--Any person who knowingly provides false information in regard to a material fact contained in any application made pursuant to section 6704 (relating ...
  • § 6712.  Rules and regulations.
    The Office of Victim Advocate shall have the following duties in order to implement this chapter: (1) The Office of Victim Advocate shall adopt and ...
  • § 6713.  Civil immunity.
    Except for gross negligence, recklessness or intentional misconduct, the Office of Victim Advocate, law enforcement agencies and all agents, contractors and employees of the Office ...

  • PART VIII. UNIFORM INTERSTATE FAMILY SUPPORT
    Chapter 71. General Provisions
  • § 7101.  Short title of part and definitions.
    (a) Short title of part.--This part shall be known and may be cited as the Uniform Interstate Family Support Act. (b) Definitions.--Subject to additional definitions ...
  • § 7102.  Remedies cumulative.
    Remedies provided by this part are cumulative and do not affect the availability of remedies under other law. ...

  • Chapter 72. Jurisdiction
    Subchapter A. Extended Personal Jurisdiction
  • § 7201.  Bases for jurisdiction over nonresident.
    In a proceeding to establish, enforce or modify a support order or to determine parentage, a tribunal of this State may exercise personal jurisdiction over ...
  • § 7202.  Procedure when exercising jurisdiction over nonresident.
    A tribunal of this State exercising personal jurisdiction over a nonresident under section 7201 (relating to bases for jurisdiction over nonresident) may apply section 7316 ...

  • Subchapter B. Proceedings Involving Two or More States
  • § 7203.  Initiating and responding tribunal of this State.
    Under this part, a tribunal of this State may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal ...
  • § 7204.  Simultaneous proceedings in another state.
    (a) Permissible.--A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition ...
  • § 7205.  Continuing, exclusive jurisdiction.
    (a) Extent.--A tribunal of this State issuing a support order consistent with the law of this State has continuing, exclusive jurisdiction over a child support ...
  • § 7206.  Enforcement and modification of support order by tribunal having continuing jurisdiction.
    § 7206. Enforcement and modification of support order by tribunal having continuing jurisdiction. (a) Initiating tribunal.--A tribunal of this State may serve as an initiating ...

  • Subchapter C. Reconciliation of Multiple Orders
  • § 7207.  Recognition of controlling child support order.
    (a) Single child support order.--If a proceeding is brought under this part and only one tribunal has issued a child support order, the order of ...
  • § 7208.  Multiple child support orders for two or more obligees.
    In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to ...
  • § 7209.  Credit for payments.
    Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the ...

  • Chapter 73. Civil Provisions of General Application
  • § 7301.  Proceedings under this part.
    (a) Scope.--Except as otherwise provided in this part, this chapter applies to all proceedings under this part. (b) Proceedings.--This part provides for the following proceedings: ...
  • § 7302.  Action by minor parent.
    A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit ...
  • § 7303.  Application of law of this State.
    Except as otherwise provided by this part, a responding tribunal of this State: (1) shall apply the procedural and substantive law, including the rules on ...
  • § 7304.  Duties of initiating tribunal.
    (a) Copies of petition.--Upon the filing of a petition authorized by this part, an initiating tribunal of this State shall forward three copies of the ...
  • § 7305.  Duties and powers of responding tribunal.
    (a) Filing and notice.--If a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to section ...
  • § 7306.  Inappropriate tribunal.
    If a petition or comparable pleading is received by an inappropriate tribunal of this State, it shall forward the pleading and accompanying documents to an ...
  • § 7307.  Duties of support enforcement agency.
    (a) General duty.--A support enforcement agency of this State upon request shall provide services to a petitioner in a proceeding under this part. (b) Specific ...
  • § 7308.  Supervisory duty.
    If the secretary determines that a support enforcement agency is neglecting or refusing to provide services to an individual, the secretary may order the agency ...
  • § 7309.  Private counsel.
    An individual may employ private counsel to represent the individual in proceedings authorized by this part. ...
  • § 7310.  Duties of department.
    (a) Designation.--The department is the State information agency under this part. (b) Duties.--The department shall do all of the following: (1) Compile and maintain a ...
  • § 7311.  Pleadings and accompanying documents.
    (a) Verification and content.--A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this part must verify ...
  • § 7312.  Nondisclosure of information in exceptional circumstances.
    § 7312. Nondisclosure of information in exceptional circumstances. Upon a finding, which may be made ex parte, that the health, safety or liberty of a ...
  • § 7313.  Costs and fees.
    (a) Petitioner.--The petitioner may not be required to pay a filing fee or other costs. (b) Obligor.--If an obligee prevails, a responding tribunal may assess ...
  • § 7314.  Limited immunity of petitioner.
    (a) Jurisdiction over person.--Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by ...
  • § 7315.  Nonparentage as defense.
    A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a ...
  • § 7316.  Special rules of evidence and procedure.
    (a) Physical presence.--The physical presence of the petitioner in a responding tribunal of this State is not required for the establishment, enforcement or modification of ...
  • § 7317.  Communications between tribunals.
    A tribunal of this State may communicate with a tribunal of another state in writing or by telephone or other means to obtain information concerning ...
  • § 7318.  Assistance with discovery.
    A tribunal of this State may do all of the following: (1) Request a tribunal of another state to assist in obtaining discovery. (2) Upon ...
  • § 7319.  Receipt and disbursement of payments.
    A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. ...

  • Chapter 74. Establishment of Support Order
  • § 7401.  Petition to establish support order.
    (a) Jurisdiction.--If a support order entitled to recognition under this part has not been issued, a responding tribunal of this State may issue a support ...

  • Chapter 75. Direct Enforcement of Order of Another State
    Without Registration
  • § 7501.  Employer's receipt of income-withholding order of another state.
    CHAPTER 75 DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION Sec. 7501. Employer's receipt of income-withholding order of another state. 7501.1. Employer's compliance with ...
  • § 7501.1. Employer's compliance with income-withholding order
    of another state.

    § 7501.2. Compliance with multiple income-withholding orders.
    § 7501.3. Immunity from civil liability.
    § 7501.4. Penalties for noncompliance.
    § 7501.5. Contest by obligor.
  • § 7502.  Administrative enforcement of orders.
    (a) Initiation.--A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the ...

  • Chapter 76. Enforcement and Modification of Support Order After
    Registration
    Subchapter A. Registration and Enforcement of Support Order
  • § 7601.  Registration of order for enforcement.
    A support order or an income-withholding order issued by a tribunal of another state may be registered in this State for enforcement. ...
  • § 7602.  Procedure to register order for enforcement.
    (a) General rule.--A support order or income-withholding order of another state may be registered in this State by sending the following documents and information to ...
  • § 7603.  Effect of registration for enforcement.
    (a) Procedure.--A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this State. ...
  • § 7604.  Choice of law.
    (a) General rule.--The law of the issuing state governs the nature, extent, amount and duration of current payments and other obligations of support and the ...

  • Subchapter B. Contest of Validity or Enforcement
  • § 7605.  Notice of registration of order.
    (a) Requirement.--When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must ...
  • § 7606.  Procedure to contest validity or enforcement of registered order.
    § 7606. Procedure to contest validity or enforcement of registered order. (a) Action.--A nonregistering party seeking to contest the validity or enforcement of a registered ...
  • § 7607.  Contest of registration or enforcement.
    (a) Defenses.--A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving any of ...
  • § 7608.  Confirmed order.
    Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any ...

  • Subchapter C. Registration and Modification of Child Support
    Order
  • § 7609.  Procedure to register child support order of another state for modification.
    SUBCHAPTER C REGISTRATION AND MODIFICATION OF CHILD SUPPORT ORDER Sec. 7609. Procedure to register child support order of another state for modification. 7610. Effect of ...
  • § 7610.  Effect of registration for modification.
    A tribunal of this State may enforce a child support order of another state registered for purposes of modification in the same manner as if ...
  • § 7611.  Modification of child support order of another state.
    (a) Authority.--After a child support order issued in another state has been registered in this State, the responding tribunal of this State may modify that ...
  • § 7612.  Recognition of order modified in another state.
    A tribunal of this State shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant ...
  • § 7613.  Jurisdiction to modify child support order of another state when individual parties reside in this State.
    § 7613. Jurisdiction to modify child support order of another state when individual parties reside in this State. (a) General rule.--If all of the parties ...
  • § 7614.  Notice to issuing tribunal of modification.
    Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with ...

  • Chapter 77. Determination of Parentage
  • § 7701.  Proceeding to determine parentage.
    (a) Jurisdiction.--A tribunal of this State may serve as an initiating or responding tribunal in a proceeding brought under this part or a law substantially ...

  • Chapter 78. Interstate Rendition
  • § 7801.  Grounds for rendition.
    (a) Definition of Governor.--For purposes of this chapter, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered ...
  • § 7802.  Conditions of rendition.
    (a) Extradition to this State.--Before making demand that the Governor of another state surrender an individual charged criminally in this State with having failed to ...

  • Chapter 79. Miscellaneous Provisions
  • § 7901.  Uniformity of application and construction.
    This part shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this part ...

  • PART VIII-A. INTRASTATE FAMILY SUPPORT
    Chapter 81. General Provisions
  • § 8101.  Short title of part and definitions.
    (a) Short title of part.--This part shall be known and may be cited as the Intrastate Family Support Act. (b) Definitions.--Subject to additional definitions contained ...
  • § 8102.  Scope.
    This part applies to actions between parties from different counties in this Commonwealth. This part does not apply to actions under Part VIII (relating to ...
  • § 8103.  Remedies cumulative.
    Remedies provided by this part are cumulative and do not affect the availability of remedies under other law. The procedures established by Pa.R.C.P. No. 1910.1 ...

  • Chapter 82. Jurisdiction
  • § 8201.  Continuing, exclusive jurisdiction.
    (a) Extent.--A tribunal issuing a support order has continuing, exclusive jurisdiction over a support order unless otherwise provided by Part VIII (relating to uniform interstate ...
  • § 8202.  Recognition of support orders.
    (a) Principles.--If a proceeding is brought under this part and more than one support order has been issued in this Commonwealth with regard to the ...
  • § 8203.  Credit for payments.
    Amounts collected and credited for a particular period pursuant to a support order issued by one tribunal must be credited against the amounts accruing or ...

  • Chapter 83. Civil Provisions of General Application
  • § 8301.  Proceedings under this part.
    (a) Scope.--This part provides for the following proceedings: (1) Establishment of an order for spousal support or child support. (2) Registration of an order for ...
  • § 8302.  Action by minor parent.
    A minor parent or a guardian or other legal representative of a minor parent may maintain a proceeding on behalf of or for the benefit ...
  • § 8303.  Duties of initiating tribunal.
    Upon the filing of a petition or complaint authorized by this part, an initiating tribunal shall forward one copy of the petition or complaint and ...
  • § 8304.  Duties and powers of responding tribunal.
    (a) Filing and notice.--If a responding tribunal receives a petition, a complaint or comparable pleading from an initiating tribunal or directly pursuant to section 8301(b) ...
  • § 8305.  Inappropriate tribunal.
    If a petition, complaint or comparable pleading is received by an inappropriate tribunal, it shall forward the pleading and accompanying documents to an appropriate tribunal ...
  • § 8306.  Duties of support enforcement agency.
    (a) General duty.--A support enforcement agency upon request shall provide services to an obligee in a proceeding under this part. (b) Specific duties.--A support enforcement ...
  • § 8307.  Supervisory duty.
    If the secretary determines that a support enforcement agency is neglecting or refusing to provide services to an individual, the secretary may order the agency ...
  • § 8308.  Private counsel.
    An individual may employ private counsel to represent the individual in proceedings authorized by this part. ...
  • § 8309.  Nondisclosure of information in exceptional circumstances.
    § 8309. Nondisclosure of information in exceptional circumstances. Upon a finding, which may be made ex parte, that the health, safety or liberty of a ...
  • § 8310.  Nonparentage not a defense.
    A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a ...
  • § 8311.  Special rules of evidence and procedure.
    (a) Physical presence.--The physical presence of the petitioner in a responding tribunal is not required for the establishment, enforcement or modification of a support order ...
  • § 8312.  Assistance with discovery.
    A tribunal may do any of the following: (1) Request another tribunal to assist in obtaining discovery. (2) Upon request, compel a person over whom ...
  • § 8313.  Costs and fees.
    (a) Prohibition.--The department or a support enforcement agency may not be required to pay a filing fee or other costs. (b) Obligor.--If an obligee prevails, ...

  • Chapter 84. Enforcement and Modification of Support Order
    After Registration
    Subchapter A. Registration of Support Order
  • § 8401.  Registration of order.
    A support order issued by a tribunal may be registered in any tribunal of competent jurisdiction. ...
  • § 8402.  Procedure to register order.
    (a) General rule.--A support order may be registered by sending the following documents and information to the appropriate tribunal: (1) A letter of transmittal to ...

  • Subchapter B. Contest of Validity or Enforcement
  • § 8411.  Notice of registration of order.
    (a) Requirement.--If a support order or order issued by another tribunal is registered, the registering tribunal shall notify the nonregistering party. Notice must be given ...
  • § 8412.  Procedure to contest validity of registered order.
    (a) Action.--A nonregistering party seeking to contest the validity of a registered order must request a hearing within 20 days after the date of mailing ...
  • § 8413.  Contest of registration or enforcement.
    (a) Defenses.--A party contesting the validity of a registered order or seeking to vacate the registration has the burden of proving one of the following ...
  • § 8414.  Confirmed order.
    Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any ...
  • § 8415.  Effect of a confirmed order.
    A confirmed order has the following effect: (1) It confers continuing, exclusive jurisdiction to the responding tribunal which registered the order. (2) It eliminates the ...

  • PART IX. MISCELLANEOUS PROVISIONS (Repealed)
    Chapter 83. Legitimacy of Children (Repealed)
    § 8302 - § 8303 (Repealed).

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Last modified: November 22, 2007