Act 112: Section 5340 - Filing charges against court appointed evaluators. Conclusion of Act 112.

Section 5340 is an interesting new provision. Custody actions often involve "psychological evaluations" of the parties parenting relationships and abilities. These evaluations are typically done by specialized psychologists or psychiatrists and can be crucial in determining the "best interest" of a child.

Section 5340 prohibits a parent from filing a complaint against such an evaluator with the State licensing board until 60 days after the final custody order has been entered. This Section presumably is designed to discourage frivolous complaints that are made in order to remove or pressure an evaluator.

Section 5340 concludes the new Pennsylvania custody law.

However, related changes have also been made to the Pennsylvania criminal code that permit one parent to apply for criminal information concerning the other parent. Ask your attorney about the procedures involved in obtaining this information. It is a highly rigid and formal process.

Categories