Domestic Violence Homicide and Custody

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Today, the The News Item published an article about Richard Curran seeking custody of his children.  In 2005, Curran murdered his ex-wife, also the mother of their children.  He was sentenced in 2008 to serve a life sentence and is currently incarcerated in SCI-Albion, Erie County.  He filed a petition asking for periods of partial physical custody of their two daughters, ages 16 and 12, which would include visits at the correctional institution where he is housed.
This may seem surprising, but Pennsylvania's laws allow for any person to file for almost anything through the court system and then at a hearing must assert their legal basis for filing that paperwork.

Currently, Pennsylvania's custody law states the following about parents convicted of murder in the first degree, as Richard Curran was.  

 
§ 5303.  Award of custody, partial custody or visitation.
   (b.2)  Parent convicted of murder.--No court shall award
     custody, partial custody or visitation to a parent who has been
     convicted of murder under 18 Pa.C.S. § 2502(a) (relating to
     murder of the first degree) of the other parent of the child who
     is the subject of the order, unless the child is of suitable age
     and consents to the order.


Custody matters often intersect with domestic violence and Pennsylvania lawmakers take this into account.  When you read news articles about domestic violence, consider doing more research before coming to a conclusion.  Court proceedings are very complicated and no one can predict the outcome.  Anyone can file almost anything, but that does not mean the court will grant her/him what they are asking.

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