Custody and Pornography

The Salt Lake Tribune reports on a bill currently before Utah’s senate that would allow judges to consider exposure of children to pornography in child custody disputes. Apparently some cases have been heard before judges where a father told a son to watch pornography and “be a man.” Click here to read article. Utah judges are currently not allowed to consider such evidence in determining child custody.

Pennsylvania judges may consider anything that effects a child’s well-being. Something like this would be discretionary. If evidence was offered that showed the ill effects of a parent forcing a child to watch pornography, which to me seems obvious, the judge could go so far as to order only supervised visitation. Depending upon the facts of the case, such behaviors by a parent could be abuse or simply be a consideration of the well-being of the child. These can be found at 23 Pa.C.S. 5328(a)(2) or 5328(a)(9).

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Brian Sipe is an attorney located in Huntingdon Valley, Pennsylvania. He is a member of the New York, New Jersey and Pennsylvania bars.
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