Jana R. Barnett, Esq
(610) 478-1860


Attorney Jana R. Barnett regularly represents persons who seek custody or visitation rights. clients in family law matters.

The current Child Custody Statue took effect on January 24, 2011, and controlled all child custody proceedings commenced on or after that date.  It has been amended several times since it was enacted.

The sections in the current custody statute are:

§5321              Scope of Chapter
§5322              Definitions
§5323              Award of Custody
§5324              Standing for any form of physical custody or legal custody
§5325              Standing for partial physical custody and supervised physical custody
§5326              Effect of adoption
§5327              Presumption in cases concerning primary physical custody
§5328              Factors to consider when awarding custody
§5329              Consideration of criminal conviction
§5329.1           Consideration of child abuse and involvement with protective services
§5330              Consideration of criminal charge
§5331              Parenting plan
§5332              Informational programs
§5333              Counseling as part of order
§5334              Guardian ad litem for child
§5335              Counsel for child
§5336              Access to records and information
§5337              Relocation
§5338              Modification of existing order
§5339              Award of counsel fees, costs and expenses
§5340              Court-appointed child custody health care or behavioral health practitioners

Under this statute:

  • The court is required to explain the reasons for its decision, either in open court or in a written opinion or order.
  • “Relocation” is defined as a change in the child’s residence which significantly impairs the ability of the nonrelocating party to exercise custodial rights.
  • When a move is so far that it constitutes a “relocation”, the person who wants to move with the child must comply with the relocation statute, even if there is no current custody order.
  • No relocation may occur unless the party proposing the relocation provides notice in the specified way at the specified time and includes specified information.  The party entitled to receive notice of proposed relocation has the power to object to the relocation and/or modification of the custody order, but must raise the objection with the court and relocating party in the specified way at the specified time and include specified information.  Absent proper objections, the party giving proper proposals of relocation must file a confirmation of relocation with the court.  Where timely objections have been filed, the court must hold expedited full hearings on the proposed relocation.
  • Parties living in the same residence may file for custody.  However, a custody order will only be effective when one party moves out of the residence, or is awarded exclusive possession of the residence.
  • A grandparent seeking custody on the grounds that the child lived with the grandparent for at least twelve consecutive months must file a custody action with six months of the child’s leaving the grandparent’s home.
  • The court must start with the presumption that the parents are on equal footing.
  • The court must start with the presumption that custody should be awarded to parents rather than to grandparents, great-grandparents, or third parties.
  • No party may receive a preference because of gender.
  • The court is required to consider sixteen (16) factors when determining the best interests of the child; factors affecting the safety of the child must be given more weight.
  • The parties may be required to submit a parenting plan to the court which addresses the schedule for custody; education and religious involvement of the child; the health care of the child; child care arrangements; transportation arrangements; the procedure for resolving differences between the adults.
  • The court may appoint a guardian ad litem and/or attorney to represent the child, and assess the cost on the parties.
  • Counsel fees, costs and expenses may be awarded where the court finds that the conduct of a party was obdurate, vexatious, repetitive or in bad faith.

The law must be reviewed carefully in light of every situation.

If you would like to speak with Berks County Attorney Jana R. Barnett and learn how she can assist you, call her at 610-478-1860, or click here to send her an e-mail, and she will reply as quickly as possible.