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§ 5303. Award of custody, partial custody or visitation.
(a) General rule.--In making an order for custody, partial custody or visitation to either parent, the court shall consider, among other factors, which parent is more likely to encourage, permit and allow frequent and continuing contact and physical access between the noncustodial parent and the child. In addition, the court shall consider each parent and adult household member's present and past violent or abusive conduct which may include, but is not limited to, abusive conduct as defined under the act of October 7, 1976 (P.L.1090, No.218), known as the Protection From Abuse Act.
§ 5304. Award of shared custody.
An order for shared custody may be awarded by the court when it is in the best interest of the child:
upon application of one or both parents;
when the parties have agreed to an award of shared custody; or
in the discretion of the court.

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