PRINTER'S NO. 390
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.414
Session of
2025
INTRODUCED BY C. WILLIAMS, KRUPA, M. MACKENZIE, COOK, SCHEUREN,
BONNER, ROWE, STAATS, LAWRENCE, BANTA, FLICK AND TOMLINSON,
JANUARY 30, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2025
AN ACT
Amending Titles 23 (Domestic Relations) and 51 (Military
Affairs) of the Pennsylvania Consolidated Statutes, enacting
the Uniform Deployed Parents Custody and Visitation Act;
making repeals; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5321, 5337(a) and 5338(b) of Title 23 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 5321. Scope of chapter.
This chapter applies to disputes relating to child custody
matters. There are additional provisions applicable to child
custody matters involving military personnel in 51 Pa.C.S. Ch.
46 (relating to uniform deployed parents custody and
visitation).
§ 5337. Relocation.
(a) Applicability.--This section applies to any proposed
relocation, including relocation subject to 51 Pa.C.S. Ch. 46
(relating to uniform deployed parents custody and visitation) .
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§ 5338. Modification of existing order.
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(b) Applicability.--Except as provided in 51 Pa.C.S. [ § 4109
(relating to child custody proceedings during military
deployment)] Ch. 46 (relating to uniform deployed parents
custody and visitation) , this section shall apply to any custody
order entered by a court of this Commonwealth or any other state
subject to the jurisdictional requirements set forth in Chapter
54 (relating to uniform child custody jurisdiction and
enforcement).
Section 2. Sections 4109 and 4110 of Title 51 are repealed:
[§ 4109. Child custody proceedings during military deployment.
(a) Restriction on change of custody.--If a petition for
change of custody of a child of an eligible servicemember is
filed with any court in this Commonwealth while the eligible
servicemember is deployed in support of a contingency operation,
no court may enter an order modifying or amending any previous
judgment or order, or issue a new order, that changes the
custody arrangement for that child that existed as of the date
of the deployment of the eligible servicemember, except that a
court may enter a temporary custody order if it is in the best
interest of the child.
(a.1) Temporary assignment to family members.--If an
eligible servicemember has received notice of deployment in
support of a contingency operation, a court may issue a
temporary order to an eligible servicemember who has rights to a
child under 23 Pa.C.S. § 5323 (relating to award of custody) or
former 23 Pa.C.S. Ch. 53 Subch. A (relating to general
provisions), including a temporary order to temporarily assign
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30 custody rights to family members of the servicemember. In the
case of temporary assignment of rights to family members of the
servicemember, the following shall apply:
(1) The servicemember may petition the court for a
temporary order to temporarily assign custody rights to
family members of the servicemember. The servicemember shall
be joined in the petition by the family members to whom the
servicemember is seeking to assign temporary custody rights.
The petition shall include a proposed revised custody
schedule for care of the child by the family members. The
proposed revised custody schedule may not include custody
rights which exceed the rights granted to a servicemember set
forth in the order in effect at the time of the filing of the
petition to grant temporary custody rights to family members.
(2) The court may issue a temporary order with a revised
custody schedule as proposed by the servicemember and the
family members or another revised custody schedule as the
court deems appropriate, if the court finds that a temporary
assignment of custody rights to family members of the
servicemember is in the best interest of the child. In no
case shall a temporary order granting custody rights to the
family members of a servicemember exceed the custody rights
granted to the servicemember set forth in the order in effect
at the time of the filing of the petition to assign temporary
custody rights to family members.
In the case of any other temporary order issued under this
subsection, the court may issue a temporary order if it is in
the best interest of the child.
(b) Completion of deployment.--In any temporary custody
order entered under subsection (a) or (a.1), a court shall
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30 require that, upon the return of the eligible servicemember from
deployment in support of a contingency operation, the custody
order that was in effect immediately preceding the date of the
deployment of the eligible servicemember is reinstated.
(c) Exclusion of military service from determination of
child's best interest.--If a petition for the change of custody
of the child of an eligible servicemember who was deployed in
support of a contingency operation is filed after the end of the
deployment, no court may consider the absence of the eligible
servicemember by reason of that deployment in determining the
best interest of the child.
(d) Failure to appear due to military deployment.--The
failure of an eligible servicemember to appear in court due to
deployment in support of a contingency operation shall not, in
and of itself, be sufficient to justify a modification of a
custody order if the reason for the failure to appear is the
eligible servicemember's active duty in support of a contingency
operation.
(e) Relationship to other laws.--Notwithstanding any other
provision of law, the provisions of this section shall be
applied with regard to child custody issues related to eligible
servicemembers deployed in support of contingency operations.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Contingency operation." A military operation that:
(1) is designated by the Secretary of Defense as an
operation in which members of the armed forces are or may
become involved in military actions, operations or
hostilities against an enemy of the United States or against
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30 an opposing military force; or
(2) results in the call or order to, or retention on,
active duty of members of the uniformed services under 10
U.S.C. § 688 (relating to retired members: authority to order
to active duty; duties), 12301(a) (relating to reserve
components generally), 12302 (relating to Ready Reserve),
12304 (relating to Selected Reserve and certain Individual
Ready Reserve members; order to active duty other than during
war or national emergency), 12305 (relating to authority of
President to suspend certain laws relating to promotion,
retirement, and separation) or 12406 (relating to National
Guard in Federal service: call) or any other provision of 10
U.S.C. during a war or during a national emergency declared
by the President or Congress.
"Eligible servicemember." A member of the Pennsylvania
National Guard or a member of an active or reserve component of
the Armed Forces of the United States who is serving on active
duty, other than active duty for training, for a period of 30 or
more consecutive days, in support of a contingency operation.
"Family members." As defined in 23 Pa.C.S. § 6303 (relating
to definitions).
§ 4110. Expedited or electronic hearing.
(a) Expedited hearing.--Upon motion of an eligible
servicemember who has received notice of deployment in support
of a contingency operation, the court shall, for good cause
shown, hold an expedited hearing in custody matters instituted
under section 4109 (relating to child custody proceedings during
military deployment) when the military duties of the eligible
servicemember have a material effect on the eligible
servicemember's ability, or anticipated ability, to appear in
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30 person at a regularly scheduled hearing.
(b) Electronic hearing.--Upon motion of an eligible
servicemember who has received notice of deployment in support
of a contingency operation, the court shall, upon reasonable
advance notice and for good cause shown, allow the eligible
servicemember to present testimony and evidence by electronic
means in custody matters instituted under section 4109 when the
military duties of the eligible servicemember have a material
effect on the eligible servicemember's ability to appear in
person at a regularly scheduled hearing.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Contingency operation." As defined in section 4109
(relating to child custody proceedings during military
deployment).
"Electronic means." Includes communication by telephone,
video conference or the Internet.
"Eligible servicemember." As defined in section 4109
(relating to child custody proceedings during military
deployment).
"Matter." As defined in 42 Pa.C.S. § 102 (relating to
definitions).]
Section 3. Title 51 is amended by adding a chapter to read:
CHAPTER 46
UNIFORM DEPLOYED PARENTS
CUSTODY AND VISITATION
Subchapter
A. General Provisions
B. Agreement Addressing Custodial Responsibility During
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30 Deployment
C. Judicial Procedure for Granting Custodial Responsibility
During Deployment
D. Return from Deployment
E. Miscellaneous Provisions
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4601. Scope of chapter.
4602. Definitions.
4603. Remedies for noncompliance.
4604. Jurisdiction.
4605. Notices.
4606. General consideration of parent's military service.
§ 4601. Scope of chapter.
This chapter relates to deployed parents custody and
visitation.
§ 4602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult." An individual who has attained 18 years of age or
an emancipated minor.
"Caretaking authority." The right to live with and care for
a child on a day-to-day basis. The term includes physical
custody, partial physical custody, primary physical custody,
parenting time and right to access and visitation.
"Child." An:
(1) unemancipated individual who has not attained 18
years of age; or
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30 (2) adult son or daughter by birth or adoption, or under
law of this Commonwealth other than this chapter, who is the
subject of a court order concerning custodial responsibility.
"Close and substantial relationship." A relationship in
which a significant bond exists between a child and:
(1) the spouse of a deploying parent of the child or an
individual who, by blood, marriage or adoption, is the
child's sibling, aunt, uncle, cousin or grandparent; or
(2) if no one under paragraph (1) exists, either of the
following:
(i) an adult who had primary care or physical
custody of the child for 60 or more continuous days
during the immediately preceding 12 months; or
(ii) an adult who had primary care or physical
custody of the child for at least 730 days during the
immediately preceding five years.
"Court." A tribunal authorized under law of this
Commonwealth other than this chapter to make, enforce or modify
a decision regarding custodial responsibility.
"Custodial responsibility." The term includes:
(1) Powers and duties relating to caretaking authority
and legal custody for a child.
(2) Physical custody, legal custody, parenting time,
right to access and authority to grant limited contact with a
child.
"Deploying parent." A parent who:
(1) is a service member; and
(2) is deployed or has been notified of impending
deployment.
"Deployment." As follows:
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other than for training, to a location for at least 30
consecutive days under official orders which:
(i) are designated as unaccompanied;
(ii) do not authorize dependent travel; or
(iii) otherwise do not permit the movement of family
members to the service member's location.
(2) The term "deployed" has a corresponding meaning.
"Family member." An individual included in the definition of
"family members" in 23 Pa.C.S. § 6303 (relating to definitions).
"Legal custody." As defined in 23 Pa.C.S. § 5322 (relating
to definitions).
"Limited contact." The authority of a nonparent to visit a
child for a limited time. The term includes partial custody and
authority to take the child to a place other than the residence
of the child.
"Parent." An individual:
(1) who is a parent of a child under law of this
Commonwealth other than this chapter; or
(2) who:
(i) has custodial responsibility for a child under
23 Pa.C.S. § 5323 (relating to award of custody) or
former 23 Pa.C.S. Ch. 53 Subch. A (relating to general
provisions); and
(ii) is not an individual described in paragraph
(1).
"Partial physical custody." As defined in 23 Pa.C.S. § 5322.
"Physical custody." As defined in 23 Pa.C.S. § 5322.
"Primary physical custody." As defined in 23 Pa.C.S. § 5322.
"Record." Information that is inscribed on a tangible medium
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30 or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Return from deployment." The conclusion of a service
member's deployment as specified in official orders.
"Service member." An individual who meets all of the
following:
(1) Is a member of:
(i) the active or reserve components of the Army,
Navy, Air Force, Marine Corps or Coast Guard of the
United States;
(ii) the United States merchant marine, the
Commissioned Corps of the Public Health Service of the
Department of Health and Human Services or the
Commissioned Corps of the National Oceanic and
Atmospheric Administration of the United States; or
(iii) the National Guard or Pennsylvania National
Guard.
(2) Is deployed .
"Sign." With present intent to authenticate or adopt a
record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record
an electronic symbol, sound or process.
"State." A state of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands or any territory or
insular possession subject to the jurisdiction of the United
States.
§ 4603. Remedies for noncompliance.
In addition to other remedies under law of this Commonwealth
other than this chapter, if a court finds that a party to a
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intentionally failed to comply with this chapter or a court
order issued under this chapter, the court may assess reasonable
attorney fees and costs against the party and order other
appropriate relief.
§ 4604. Jurisdiction.
(a) Exercise.--A court may issue an order regarding
custodial responsibility under this chapter only if the court
has jurisdiction under 23 Pa.C.S. Ch. 54 (relating to uniform
child custody jurisdiction and enforcement).
(b) Order of temporary custodial responsibility.--If a court
has issued an order regarding temporary custodial responsibility
under Subchapter C (relating to judicial procedure for granting
custodial responsibility during deployment), the residence of
the deploying parent is not changed by reason of the deployment
for the purposes of 23 Pa.C.S. Ch. 54 during the deployment.
(c) Order of custodial responsibility.--If a court has
issued an order regarding custodial responsibility before notice
of deployment and the parents modify that order temporarily by
agreement under Subchapter B (relating to agreement addressing
custodial responsibility during deployment), the residence of
the deploying parent is not changed by reason of the deployment
for the purposes of 23 Pa.C.S. Ch. 54.
(d) Action in other state.--If a court in another state has
issued an order regarding temporary custodial responsibility as
a result of impending or current deployment, the residence of
the deploying parent is not changed by reason of the deployment
for the purposes of 23 Pa.C.S. Ch. 54.
(e) Temporary emergency jurisdiction.--This section does not
prevent a court from exercising jurisdiction under 23 Pa.C.S. §
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§ 4605. Notices.
(a) Pending deployment.--Except as otherwise provided in
subsection (d) and subject to subsection (c), a deploying parent
shall provide the other parent with notice in a record of a
pending deployment:
(1) not later than 72 hours after receiving notice of
deployment unless reasonably prevented from doing so by the
circumstances of service; or
(2) if the circumstances of service prevent giving
notice within the time period specified in paragraph (1), as
soon as reasonably possible.
(b) Plan.--Except as otherwise provided in subsection (e)
and subject to subsection (d), each parent shall provide the
other parent, in a record, with a plan for fulfilling that
parent's share of custodial responsibility during deployment.
Each parent shall provide the plan not later than 120 hours
after notice of deployment is given under subsection (a).
(c) Change of residence or mailing address.--Except as
otherwise provided in subsection (d), the following apply:
(1) An individual to whom custodial responsibility has
been granted during deployment under Subchapter B (relating
to agreement addressing custodial responsibility during
deployment) or C (relating to judicial procedure for granting
custodial responsibility during deployment) and who proposes
to change the residence of the child who is the subject of
the agreement or proceeding shall comply with the provisions
of 23 Pa.C.S. § 5337 (relating to relocation).
(2) An individual to whom custodial responsibility has
been granted during deployment under Subchapter B or C shall
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30 notify, in a record, the deploying parent and any other
individual with custodial responsibility of a child of a
change of the individual's mailing address. The obligation
under this paragraph continues until the grant is terminated.
(3) The individual shall provide each notice under
paragraph (1) or (2) to a court that has issued an order
regarding custodial responsibility or child support which is
in effect concerning the child.
(d) Court order on disclosure.--
(1) If a court order currently in effect prohibits
disclosure of the residence, mailing address or contact
information of the other parent or the other individual to
whom custodial responsibility has been granted, the notice
and documents required under subsections (a) and (b) shall be
provided only to the counsel of record for the other parent
and to the issuing court. If the mailing address of the other
parent or other individual is available to the issuing court,
the court shall forward the notice and document to the other
parent or other individual.
(2) If a court order currently in effect prohibits
disclosure of the residence, mailing address or contact
information of an individual to whom custodial responsibility
has been granted, the notice required under subsection (c)
shall be provided only to the counsel of record of the
individual and to the issuing court.
(3) The court shall keep confidential the residence,
mailing address or contact information of any individual
subject to an order prohibiting disclosure.
(e) Exception.--Notice under subsection (a) and the plan
under subsection (b) are not required if the parents are living
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deployment and plan.
(f) Proceeding on custodial responsibility.--In a proceeding
regarding custodial responsibility, a court may consider the
reasonableness of a parent's efforts to comply with this
section.
§ 4606. General consideration of parent's military service.
In a proceeding for custodial responsibility of a child of a
deploying parent, a court may not consider a parent's past
deployment or possible future deployment in itself in
determining the best interest of the child but may consider any
significant impact on the best interest of the child of the
parent's past or possible future deployment.
SUBCHAPTER B
AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY
DURING DEPLOYMENT
Sec.
4611. Form of agreement.
4612. Nature of authority created by agreement.
4613. Modification or termination of agreement.
4614. Power of attorney.
4615. Filing agreement or power of attorney with court.
§ 4611. Form of agreement.
(a) Authorization.--The parents of a child may enter into an
agreement under this subchapter granting temporary custodial
responsibility during deployment.
(b) Formation.--An agreement entered into under subsection
(a) must:
(1) be in a record;
(2) be provided by the deploying parent to any nonparent
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(3) include notice that 23 Pa.C.S. § 5337 (relating to
relocation) is applicable to any attempt to change the
residence of the child who is the subject of the agreement;
and
(4) be signed by both parents and any nonparent to whom
custodial responsibility is granted.
(c) Contents.--An agreement entered into under subsection
(a) may do any of the following to the extent feasible:
(1) Identify the destination, duration and conditions of
the deployment which is the basis for the agreement.
(2) Specify the allocation of caretaking authority among
the deploying parent, the other parent and any nonparent to
whom custodial responsibility is granted.
(3) Require a nonparent to whom legal custody is granted
to make each decision consistent with the known wishes of the
deploying parent, unless making the decision in this manner
is not in the best interest of the child.
(4) Specify the scope of legal custody which accompanies
a grant of caretaking authority.
(5) Include the signed agreement of each nonparent's
designee to comply with the parents' agreement.
(6) Specify a grant of limited contact to a nonparent.
(7) If custodial responsibility is shared by the other
parent and a nonparent or by other nonparents, provide a
process to resolve a dispute which may arise.
(8) Specify:
(i) frequency, duration and means, including
electronic means, by which the deploying parent will have
contact with the child;
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30 (ii) role to be played by the other parent or
nonparent in facilitating the contact; and
(iii) allocation of costs of contact.
(9) Specify the contact between the deploying parent and
child during the time the deploying parent is on leave or is
otherwise available.
(10) Acknowledge that a party's child-support obligation
cannot be modified by the agreement and that changing the
terms of the obligation during deployment requires
modification in the appropriate court.
(11) Provide that the agreement will terminate according
to the procedures under Subchapter D (relating to return from
deployment) after the deploying parent returns from
deployment.
(12) If the agreement is required to be filed under
section 4615 (relating to filing agreement or power of
attorney with court), specify who is required to file the
agreement.
§ 4612. Nature of authority created by agreement.
(a) Temporary.--
(1) An agreement entered into under this subchapter is
temporary and terminates under Subchapter D (relating to
return from deployment) after the deploying parent returns
from deployment unless the agreement has been terminated
before that time by court order or by the parents under
section 4613 (relating to modification or termination of
agreement).
(2) The agreement does not create an independent,
continuing right to caretaking authority, legal custody or
limited contact in an individual to whom custodial
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30 responsibility is given.
(b) Standing.--A nonparent who was granted caretaking
authority, legal custody or limited contact by an agreement
entered into under this subchapter has standing to enforce the
agreement until it has been terminated by court order, by the
parents under section 4613 or Subchapter D.
§ 4613. Modification or termination of agreement.
(a) Authorization.--The parents may modify or terminate an
agreement regarding custodial responsibility entered into under
this subchapter.
(b) Prior to deployment.--
(1) If an agreement is modified before deployment, the
modification must be in a record and signed by:
(i) both parents; and
(ii) any nonparent who will exercise custodial
responsibility under the modified agreement.
(2) If an agreement is terminated before deployment, the
termination must be in a record and signed by both parents.
(c) During deployment.--
(1) If an agreement is modified during deployment, the
modification must be agreed to in a record by:
(i) both parents; and
(ii) any nonparent who will exercise custodial
responsibility under the modified agreement.
(2) If an agreement is terminated during deployment, the
termination must be agreed to in a record by both parents.
§ 4614. Power of attorney.
(a) Authorization.--A deploying parent, by power of
attorney, may delegate all or part of custodial responsibility
to an adult family member or spouse for the period of deployment
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(1) the deploying parent has sole legal custody pursuant
to a court order under the laws of this Commonwealth other
than this chapter; or
(2) a court order currently in effect prohibits contact
between the child and the other parent.
(b) Notice.--
(1) For an authorization under subsection (a) to be
valid, except as specified in paragraph (2), the deploying
parent must give notice in a record to the other parent of
the delegation of custodial responsibility through the power
of attorney within 72 hours of the execution of the power.
(2) Paragraph (1) does not apply if:
(i) the deploying parent has sole legal custody
pursuant to a court order under the laws of this
Commonwealth other than this chapter;
(ii) the other parent has not participated in the
life of the child for a period of at least six months
immediately preceding the execution of the power; or
(iii) the location of the other parent is unknown to
the deploying parent.
(c) Revocation.--
(1) The deploying parent may revoke the power of
attorney in a record signed by the deploying parent.
(2) If the power of attorney is required to be filed
with a court under section 4615 (relating to filing agreement
or power of attorney with court), a copy of the signed
revocation shall also be filed with the court.
§ 4615. Filing agreement or power of attorney with court.
A copy of an agreement entered into or power of attorney made
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30 under this subchapter shall be filed within a reasonable time
with a court that has issued an order regarding custodial
responsibility or child support which is in effect concerning
the child who is the subject of the agreement or power. The case
number and heading of the pending case shall be provided to the
court with the agreement or power.
SUBCHAPTER C
JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL
RESPONSIBILITY DURING DEPLOYMENT
Sec.
4621. Proceeding for order.
4622. Expedited hearing.
4623. Testimony by electronic means.
4624. Failure to appear.
4625. Effect of prior judicial order or agreement.
4626. Grant of caretaking authority to nonparent.
4627. Grant of legal custody to nonparent.
4628. Grant of limited contact to nonparent.
4629. Nature of authority created by order.
4630. Content of order.
4631. Order for child support.
4632. Modifying or terminating grant of custodial
responsibility to nonparent.
§ 4621. Proceeding for order.
(a) Authorization.--After the deploying parent receives
notice of deployment and until the deployment terminates, a
court may issue an order granting temporary custodial
responsibility unless prohibited by 50 U.S.C. §§ 3931 (relating
to protection of servicemembers against default judgments) and
3932 (relating to stay of proceedings when servicemember has
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30 notice). A court may not issue an order granting permanent
custodial responsibility without the consent of the deploying
parent.
(b) Custodial responsibility.--After the deploying parent
receives notice of deployment, either parent may file a motion
regarding custodial responsibility during deployment. The motion
must be filed in a pending proceeding for custodial
responsibility in a court with jurisdiction under section 4604
(relating to jurisdiction) or, if there is no pending proceeding
in a court with jurisdiction under section 4604, in a new action
for granting custodial responsibility during deployment.
§ 4622. Expedited hearing.
If a motion to grant custodial responsibility is filed under
section 4621(b) (relating to proceeding for order) before the
deploying parent deploys, the court shall conduct an expedited
hearing.
§ 4623. Testimony by electronic means.
In a proceeding under this subchapter, a party or witness who
is not reasonably available to appear personally may appear,
provide testimony and present evidence by electronic means,
unless the court finds good cause to require a personal
appearance.
§ 4624. Failure to appear.
The failure of a deploying parent to appear in court due to
deployment shall not, by itself, be sufficient to justify a
modification of an order concerning custodial responsibility.
§ 4625. Effect of prior judicial order or agreement.
In a proceeding for a grant of custodial responsibility under
this subchapter, the following apply:
(1) A prior judicial order designating custodial
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30 responsibility in the event of deployment is binding on the
court unless the circumstances meet the requirements of law
of this Commonwealth other than this chapter for modifying a
judicial order regarding custodial responsibility.
(2) The court shall enforce a prior written agreement
between the parents for designating custodial responsibility
in the event of deployment, including an agreement executed
under Subchapter B (relating to agreement addressing
custodial responsibility during deployment), unless the court
finds that the agreement is contrary to the best interest of
the child.
§ 4626. Grant of caretaking authority to nonparent.
(a) Authorization.--On motion of a deploying parent and in
accordance with law of this Commonwealth other than this
chapter, if it is in the best interest of the child, a court may
grant caretaking authority to a nonparent who is an adult with
whom the child has a close and substantial relationship.
(b) Duration.--Unless a grant of caretaking authority to a
nonparent under subsection (a) is agreed to by the other parent,
the grant is limited to an amount of time not greater than the
following:
(1) The amount of time granted to the deploying parent
under an order regarding custodial responsibility which is
currently in effect. The court may add unusual travel time
necessary to transport the child.
(2) In the absence of an order regarding custodial
responsibility which is currently in effect, the amount of
time when the deploying parent habitually cared for the child
before being notified of deployment. The court may add
unusual travel time necessary to transport the child.
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30 § 4627. Grant of legal custody to nonparent.
If the deploying parent is unable to exercise the scope of
legal custody awarded to the deploying parent, a court may grant
part of the deploying parent's scope of legal custody to a
nonparent who is an adult with whom the child has a close and
substantial relationship. A court order under this section shall
specify the scope of legal custody granted.
§ 4628. Grant of limited contact to nonparent.
On motion of a deploying parent, and in accordance with law
of this Commonwealth other than this chapter, unless a court
finds that limited contact would be contrary to the best
interest of the child, the court shall grant limited contact to
a nonparent who is an individual with whom the child has a close
and substantial relationship.
§ 4629. Nature of authority created by order.
(a) Duration and effect.--A grant of authority under this
subchapter is temporary and terminates under Subchapter D
(relating to return from deployment) after the return from
deployment of the deploying parent unless the grant has been
terminated before that time by court order. The grant does not
create an independent, continuing right to caretaking authority,
legal custody or limited contact in an individual to whom it is
granted.
(b) Standing.--A nonparent granted caretaking authority,
legal custody or limited contact under this subchapter has
standing to enforce the grant until it is terminated by court
order.
§ 4630. Content of order.
(a) Time and identification.--An order granting custodial
responsibility issued under this subchapter shall:
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30 (1) designate the order as temporary; and
(2) identify to the extent feasible the destination,
duration and conditions of the deployment.
(b) Terms.--If applicable, an order for custodial
responsibility issued under this subchapter shall:
(1) specify the allocation of caretaking authority,
legal custody or limited contact among the deploying parent,
the other parent and any nonparent to whom caretaking
authority is granted;
(2) if the order divides caretaking authority or legal
custody among individuals or grants caretaking authority to
one individual and limited contact to another, provide a
process to resolve a dispute which may arise;
(3) provide for liberal communication between the
deploying parent and the child during deployment, including
through electronic means, unless contrary to the best
interest of the child, and allocate costs of communications;
(4) provide for liberal contact between the deploying
parent and the child during the time the deploying parent is
on leave or otherwise available, unless contrary to the best
interest of the child;
(5) provide for reasonable contact between the deploying
parent and the child after the deploying parent returns from
deployment and until the order is terminated, even if the
time of contact exceeds the time the deploying parent spent
with the child before entry of the order; and
(6) provide that the order will terminate under
Subchapter D (relating to return from deployment) after the
deploying parent returns from deployment.
§ 4631. Order for child support.
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30 If a court has issued an order granting caretaking authority
under this subchapter or an agreement granting caretaking
authority has been entered into under Subchapter B (relating to
agreement addressing custodial responsibility during
deployment), the court may enter a temporary order for child
support consistent with law of this Commonwealth other than this
chapter if the court has jurisdiction under 23 Pa.C.S. Pt. VIII
(relating to uniform interstate family support).
§ 4632. Modifying or terminating grant of custodial
responsibility to nonparent.
(a) Authorization.--
(1) Except for an order under section 4625 (relating to
effect of prior judicial order or agreement) or as otherwise
provided under subsection (b) and consistent with 50 U.S.C.
§§ 3931 (relating to protection of servicemembers against
default judgments) and 3932 (relating to stay of proceedings
when servicemember has notice) , on motion of a deploying or
other parent or a nonparent to whom caretaking authority,
legal custody or limited contact has been granted, the court
may modify or terminate the grant if the modification or
termination is consistent with this subchapter and is in the
best interest of the child.
(2) A modification is temporary and terminates under
Subchapter D (relating to return from deployment) after the
deploying parent returns from deployment unless the grant has
been terminated before that time by court order.
(b) Grant of limited contact.--On motion of a deploying
parent, the court shall terminate a grant of limited contact.
SUBCHAPTER D
RETURN FROM DEPLOYMENT
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30 Sec.
4641. Procedure for terminating custodial responsibility
granted by agreement.
4642. Consent procedure for terminating custodial
responsibility granted by court order.
4643. Visitation before termination of grant of custodial
responsibility.
4644. Termination by operation of law of custodial
responsibility granted by court order.
§ 4641. Procedure for terminating custodial responsibility
granted by agreement.
(a) Agreement to terminate.--After the deploying parent
returns from deployment, an agreement granting custodial
responsibility under Subchapter B (relating to agreement
addressing custodial responsibility during deployment) may be
terminated by an agreement to terminate signed by both parents.
An agreement to terminate is not required to be signed by a
nonparent granted temporary custodial responsibility under the
agreement.
(b) Termination under agreement.--An agreement entered into
under Subchapter B terminates:
(1) if an agreement to terminate under subsection (a)
specifies a date for termination, on that date; or
(2) if the agreement to terminate does not specify a
date, on the date the agreement to terminate is signed by
both parents.
(c) Termination absent agreement.--In the absence of an
agreement to terminate under subsection (a), an agreement
granting custodial responsibility entered into under Subchapter
B terminates 60 days after the deploying parent gives notice, to
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30 the other parent and to any nonparent to whom custodial
responsibility was granted, of the deploying parent's return
from deployment.
(d) Judicial filing.--If an agreement entered into under
Subchapter B was filed with a court under section 4615 (relating
to filing agreement or power of attorney with court), an
agreement to terminate the agreement shall be filed with that
court within a reasonable time after the signing of the
agreement. The case number and heading of the case concerning
custodial responsibility or child support shall be provided to
the court with the agreement to terminate.
§ 4642. Consent procedure for terminating custodial
responsibility granted by court order.
(a) Filing of agreement.--
(1) After the deploying parent returns from deployment,
both parents may file with the court an agreement to
terminate an order for temporary custodial responsibility
issued under Subchapter C (relating to judicial procedure for
granting custodial responsibility during deployment).
(2) An agreement to terminate an order entered into
under this section is not required to be signed by a
nonparent to whom custodial responsibility has been granted.
(b) Order.--After an agreement has been filed, the court
shall issue an order terminating the temporary order effective
on the date specified in the agreement. If a date is not
specified, the order shall take effect immediately upon
issuance.
§ 4643. Visitation before termination of grant of custodial
responsibility.
Upon petition of a deploying parent who has returned from
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30 deployment, the court shall issue an order granting the
deploying parent reasonable contact with the child until the
agreement entered into under Subchapter B (relating to agreement
addressing custodial responsibility during deployment) or the
order issued under Subchapter C (relating to judicial procedure
for granting custodial responsibility during deployment) is
terminated, unless it is contrary to the best interest of the
child, even if the time of contact exceeds the time the
deploying parent spent with the child before deployment.
§ 4644. Termination by operation of law of custodial
responsibility granted by court order.
(a) Absence of filed agreement.--If an agreement to
terminate an order for temporary custodial responsibility issued
under Subchapter C (relating to judicial procedure for granting
custodial responsibility during deployment) has not been filed,
the order shall terminate 60 days after the deploying parent
gives notice, to the other parent and any nonparent granted
custodial responsibility, that the deploying parent has returned
from deployment.
(b) Applicable law.--A proceeding seeking to prevent
termination of an order for temporary custodial responsibility
is governed by law of this Commonwealth other than this chapter.
SUBCHAPTER E
MISCELLANEOUS PROVISIONS
Sec.
4651. Relation to Electronic Signatures in Global and National
Commerce Act.
4652. Savings clause.
§ 4651. Relation to Electronic Signatures in Global and
National Commerce Act.
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30 To the extent permitted by 15 U.S.C. § 7002 (relating to
exemption to preemption), this chapter may supersede provisions
of that act.
§ 4652. Savings clause.
This chapter does not affect the validity of any court order
or agreement concerning custodial responsibility during
deployment which was issued or entered into before the effective
date of this section.
Section 4. This act shall take effect in 30 days.
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