In child custody, further providing for factors to consider when awarding custody.
Summary
SB926 amends Pennsylvania’s child custody statute to clarify how courts may consider a parent’s or household member’s drug or alcohol history when deciding custody. The bill adds language stating that a party’s lawful use of medical marijuana, by itself, is not enough to justify a custody determination against that party or to require that party to submit to a drug test.
The measure does not change the overall best-interest-of-the-child standard in custody cases. Instead, it narrows one specific factor in the custody analysis by distinguishing lawful medical marijuana use from illegal drug abuse or other conduct that may affect child safety. The bill would take effect 60 days after enactment.
Impact
If enacted, SB926 would amend 23 Pa.C.S. § 5328(a)(14), the custody-factor statute, by limiting the evidentiary significance of lawful medical marijuana use in custody disputes. Courts would still consider a party’s history of drug or alcohol abuse, but they could not treat medical marijuana use alone as sufficient evidence to alter custody or compel drug testing. The change would affect family court judges, custody litigants, and parents who are registered medical marijuana patients under Pennsylvania’s Medical Marijuana Act.
Sentiment
The available record shows no committee transcript or vote history, so there is no documented floor or committee debate to gauge sentiment directly. Based on the bill text, the proposal appears aimed at protecting lawful medical marijuana patients from being penalized in custody proceedings solely because of their legal treatment use, while preserving judicial authority to consider actual impairment or safety concerns. The bill’s framing suggests a policy balance between parental rights and child welfare.
Contention
The likely point of contention is whether lawful medical marijuana use should be treated differently from other drug use in custody cases. Supporters would likely argue that legal medical treatment should not, by itself, trigger adverse custody consequences or mandatory drug testing. Opponents may worry that marijuana use, even when lawful, could still affect parenting capacity or child safety and that the bill could limit judicial discretion in sensitive custody matters. The bill text addresses this by preserving consideration of broader drug or alcohol abuse history while carving out medical marijuana use alone.
In child custody, further providing for definitions, for award of custody, for standing for partial physical custody and supervised physical custody, for presumption in cases concerning primary physical custody, for factors to consider when awarding custody, for consideration of criminal conviction and for parenting plan; and making editorial changes.
Adding consideration of whether the offender has physical custody of such offender's minor child or is a legal guardian or custodian with physical custody of a minor child to the factors considered for diversions and dispositional departures.
AN ACT relating to domestic relations; amending considerations for determining the child's best interests for custody matters; specifying requirements for shared custody considerations for child custody dispositions; providing definitions; requiring court findings for specified child custody dispositions; making conforming amendments; specifying applicability; and providing for an effective date.