§ 5330. Consideration of criminal charge.
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§ 5330. Consideration of criminal charge.
(a)Expedited hearing.-- A party who has obtained information under 42 Pa.C.S. § 1904 (relating to availability of criminal charge information in child custody proceedings) or otherwise about a charge filed against the other party for an offense listed under section 5329(a) (relating to consideration of criminal conviction) may move for a temporary custody order or modification of an existing custody order. The court shall hold the hearing under this subsection in an expeditious manner.
(b)Risk of harm.-- In evaluating any request under subsection (a), the court shall consider whether the party who is or has been charged with an offense set forth in section 5329(a) poses a risk of physical, emotional or psychological harm to the child.
(c)No prejudice.-- Failure to either apply for information under 42 Pa.C.S. § 1904 or act under this section shall not prejudice any party in a custody proceeding.
23c5330v
Cross References. Section 5330 is referred to in section 5323 of this title.
23c5331s