HB 414 — 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.

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
 1   Amending Titles 23 (Domestic Relations) and 51 (Military
 2      Affairs) of the Pennsylvania Consolidated Statutes, enacting
 3      the Uniform Deployed Parents Custody and Visitation Act;
 4      making repeals; and making editorial changes.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Sections 5321, 5337(a) and 5338(b) of Title 23 of
 8   the Pennsylvania Consolidated Statutes are amended to read:
 9   § 5321.   Scope of chapter.
10      This chapter applies to disputes relating to child custody
11   matters. There are additional provisions applicable to child
12   custody matters involving military personnel in 51 Pa.C.S. Ch.
13   46 (relating to uniform deployed parents custody and
14   visitation).
15   § 5337.   Relocation.
16      (a)    Applicability.--This section applies to any proposed
17   relocation, including relocation subject to 51 Pa.C.S. Ch. 46
18   (relating to uniform deployed parents custody and visitation).
 1      * * *
 2   § 5338.    Modification of existing order.
 3      * * *
 4      (b)     Applicability.--Except as provided in 51 Pa.C.S. [§ 4109
 5   (relating to child custody proceedings during military
 6   deployment)] Ch. 46 (relating to uniform deployed parents
 7   custody and visitation), this section shall apply to any custody
 8   order entered by a court of this Commonwealth or any other state
 9   subject to the jurisdictional requirements set forth in Chapter
10   54 (relating to uniform child custody jurisdiction and
11   enforcement).
12      Section 2.     Sections 4109 and 4110 of Title 51 are repealed:
13   [§ 4109.    Child custody proceedings during military deployment.
14      (a)     Restriction on change of custody.--If a petition for
15   change of custody of a child of an eligible servicemember is
16   filed with any court in this Commonwealth while the eligible
17   servicemember is deployed in support of a contingency operation,
18   no court may enter an order modifying or amending any previous
19   judgment or order, or issue a new order, that changes the
20   custody arrangement for that child that existed as of the date
21   of the deployment of the eligible servicemember, except that a
22   court may enter a temporary custody order if it is in the best
23   interest of the child.
24      (a.1)     Temporary assignment to family members.--If an
25   eligible servicemember has received notice of deployment in
26   support of a contingency operation, a court may issue a
27   temporary order to an eligible servicemember who has rights to a
28   child under 23 Pa.C.S. § 5323 (relating to award of custody) or
29   former 23 Pa.C.S. Ch. 53 Subch. A (relating to general
30   provisions), including a temporary order to temporarily assign

20250HB0414PN0390                    - 2 -
 1   custody rights to family members of the servicemember. In the
 2   case of temporary assignment of rights to family members of the
 3   servicemember, the following shall apply:
 4            (1)   The servicemember may petition the court for a
 5      temporary order to temporarily assign custody rights to
 6      family members of the servicemember. The servicemember shall
 7      be joined in the petition by the family members to whom the
 8      servicemember is seeking to assign temporary custody rights.
 9      The petition shall include a proposed revised custody
10      schedule for care of the child by the family members. The
11      proposed revised custody schedule may not include custody
12      rights which exceed the rights granted to a servicemember set
13      forth in the order in effect at the time of the filing of the
14      petition to grant temporary custody rights to family members.
15            (2)   The court may issue a temporary order with a revised
16      custody schedule as proposed by the servicemember and the
17      family members or another revised custody schedule as the
18      court deems appropriate, if the court finds that a temporary
19      assignment of custody rights to family members of the
20      servicemember is in the best interest of the child. In no
21      case shall a temporary order granting custody rights to the
22      family members of a servicemember exceed the custody rights
23      granted to the servicemember set forth in the order in effect
24      at the time of the filing of the petition to assign temporary
25      custody rights to family members.
26   In the case of any other temporary order issued under this
27   subsection, the court may issue a temporary order if it is in
28   the best interest of the child.
29      (b)   Completion of deployment.--In any temporary custody
30   order entered under subsection (a) or (a.1), a court shall

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 1   require that, upon the return of the eligible servicemember from
 2   deployment in support of a contingency operation, the custody
 3   order that was in effect immediately preceding the date of the
 4   deployment of the eligible servicemember is reinstated.
 5      (c)   Exclusion of military service from determination of
 6   child's best interest.--If a petition for the change of custody
 7   of the child of an eligible servicemember who was deployed in
 8   support of a contingency operation is filed after the end of the
 9   deployment, no court may consider the absence of the eligible
10   servicemember by reason of that deployment in determining the
11   best interest of the child.
12      (d)   Failure to appear due to military deployment.--The
13   failure of an eligible servicemember to appear in court due to
14   deployment in support of a contingency operation shall not, in
15   and of itself, be sufficient to justify a modification of a
16   custody order if the reason for the failure to appear is the
17   eligible servicemember's active duty in support of a contingency
18   operation.
19      (e)   Relationship to other laws.--Notwithstanding any other
20   provision of law, the provisions of this section shall be
21   applied with regard to child custody issues related to eligible
22   servicemembers deployed in support of contingency operations.
23      (f)   Definitions.--As used in this section, the following
24   words and phrases shall have the meanings given to them in this
25   subsection:
26      "Contingency operation."    A military operation that:
27            (1)   is designated by the Secretary of Defense as an
28      operation in which members of the armed forces are or may
29      become involved in military actions, operations or
30      hostilities against an enemy of the United States or against

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 1      an opposing military force; or
 2             (2)   results in the call or order to, or retention on,
 3      active duty of members of the uniformed services under 10
 4      U.S.C. § 688 (relating to retired members: authority to order
 5      to active duty; duties), 12301(a) (relating to reserve
 6      components generally), 12302 (relating to Ready Reserve),
 7      12304 (relating to Selected Reserve and certain Individual
 8      Ready Reserve members; order to active duty other than during
 9      war or national emergency), 12305 (relating to authority of
10      President to suspend certain laws relating to promotion,
11      retirement, and separation) or 12406 (relating to National
12      Guard in Federal service: call) or any other provision of 10
13      U.S.C. during a war or during a national emergency declared
14      by the President or Congress.
15      "Eligible servicemember."     A member of the Pennsylvania
16   National Guard or a member of an active or reserve component of
17   the Armed Forces of the United States who is serving on active
18   duty, other than active duty for training, for a period of 30 or
19   more consecutive days, in support of a contingency operation.
20      "Family members."     As defined in 23 Pa.C.S. § 6303 (relating
21   to definitions).
22   § 4110.    Expedited or electronic hearing.
23      (a)    Expedited hearing.--Upon motion of an eligible
24   servicemember who has received notice of deployment in support
25   of a contingency operation, the court shall, for good cause
26   shown, hold an expedited hearing in custody matters instituted
27   under section 4109 (relating to child custody proceedings during
28   military deployment) when the military duties of the eligible
29   servicemember have a material effect on the eligible
30   servicemember's ability, or anticipated ability, to appear in

20250HB0414PN0390                     - 5 -
 1   person at a regularly scheduled hearing.
 2      (b)    Electronic hearing.--Upon motion of an eligible
 3   servicemember who has received notice of deployment in support
 4   of a contingency operation, the court shall, upon reasonable
 5   advance notice and for good cause shown, allow the eligible
 6   servicemember to present testimony and evidence by electronic
 7   means in custody matters instituted under section 4109 when the
 8   military duties of the eligible servicemember have a material
 9   effect on the eligible servicemember's ability to appear in
10   person at a regularly scheduled hearing.
11      (c)    Definitions.--As used in this section, the following
12   words and phrases shall have the meanings given to them in this
13   subsection unless the context clearly indicates otherwise:
14      "Contingency operation."     As defined in section 4109
15   (relating to child custody proceedings during military
16   deployment).
17      "Electronic means."    Includes communication by telephone,
18   video conference or the Internet.
19      "Eligible servicemember."     As defined in section 4109
20   (relating to child custody proceedings during military
21   deployment).
22      "Matter."     As defined in 42 Pa.C.S. § 102 (relating to
23   definitions).]
24      Section 3.    Title 51 is amended by adding a chapter to read:
25                                 CHAPTER 46
26                          UNIFORM DEPLOYED PARENTS
27                           CUSTODY AND VISITATION
28   Subchapter
29      A.    General Provisions
30      B.    Agreement Addressing Custodial Responsibility During

20250HB0414PN0390                    - 6 -
 1   Deployment
 2      C.     Judicial Procedure for Granting Custodial Responsibility
 3   During Deployment
 4      D.     Return from Deployment
 5      E.     Miscellaneous Provisions
 6                                  SUBCHAPTER A
 7                              GENERAL PROVISIONS
 8   Sec.
 9   4601.   Scope of chapter.
10   4602.   Definitions.
11   4603.   Remedies for noncompliance.
12   4604.   Jurisdiction.
13   4605.   Notices.
14   4606.   General consideration of parent's military service.
15   § 4601.    Scope of chapter.
16      This chapter relates to deployed parents custody and
17   visitation.
18   § 4602.    Definitions.
19      The following words and phrases when used in this chapter
20   shall have the meanings given to them in this section unless the
21   context clearly indicates otherwise:
22      "Adult."     An individual who has attained 18 years of age or
23   an emancipated minor.
24      "Caretaking authority."      The right to live with and care for
25   a child on a day-to-day basis. The term includes physical
26   custody, partial physical custody, primary physical custody,
27   parenting time and right to access and visitation.
28      "Child."     An:
29             (1)   unemancipated individual who has not attained 18
30      years of age; or

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 1          (2)    adult son or daughter by birth or adoption, or under
 2      law of this Commonwealth other than this chapter, who is the
 3      subject of a court order concerning custodial responsibility.
 4      "Close and substantial relationship."         A relationship in
 5   which a significant bond exists between a child and:
 6          (1)    the spouse of a deploying parent of the child or an
 7      individual who, by blood, marriage or adoption, is the
 8      child's sibling, aunt, uncle, cousin or grandparent; or
 9          (2)    if no one under paragraph (1) exists, either of the
10      following:
11                 (i)    an adult who had primary care or physical
12          custody of the child for 60 or more continuous days
13          during the immediately preceding 12 months; or
14                 (ii)    an adult who had primary care or physical
15          custody of the child for at least 730 days during the
16          immediately preceding five years.
17      "Court."    A tribunal authorized under law of this
18   Commonwealth other than this chapter to make, enforce or modify
19   a decision regarding custodial responsibility.
20      "Custodial responsibility."         The term includes:
21          (1)    Powers and duties relating to caretaking authority
22      and legal custody for a child.
23          (2)    Physical custody, legal custody, parenting time,
24      right to access and authority to grant limited contact with a
25      child.
26      "Deploying parent."      A parent who:
27          (1)    is a service member; and
28          (2)    is deployed or has been notified of impending
29      deployment.
30      "Deployment."      As follows:

20250HB0414PN0390                        - 8 -
 1          (1)     The movement or mobilization of a service member,
 2      other than for training, to a location for at least 30
 3      consecutive days under official orders which:
 4                 (i)     are designated as unaccompanied;
 5                 (ii)     do not authorize dependent travel; or
 6                 (iii)     otherwise do not permit the movement of family
 7          members to the service member's location.
 8          (2)     The term "deployed" has a corresponding meaning.
 9      "Family member."       An individual included in the definition of
10   "family members" in 23 Pa.C.S. § 6303 (relating to definitions).
11      "Legal custody."       As defined in 23 Pa.C.S. § 5322 (relating
12   to definitions).
13      "Limited contact."       The authority of a nonparent to visit a
14   child for a limited time. The term includes partial custody and
15   authority to take the child to a place other than the residence
16   of the child.
17      "Parent."    An individual:
18          (1)     who is a parent of a child under law of this
19      Commonwealth other than this chapter; or
20          (2)     who:
21                 (i)     has custodial responsibility for a child under
22          23 Pa.C.S. § 5323 (relating to award of custody) or
23          former 23 Pa.C.S. Ch. 53 Subch. A (relating to general
24          provisions); and
25                 (ii)     is not an individual described in paragraph
26          (1).
27      "Partial physical custody."        As defined in 23 Pa.C.S. § 5322.
28      "Physical custody."       As defined in 23 Pa.C.S. § 5322.
29      "Primary physical custody."        As defined in 23 Pa.C.S. § 5322.
30      "Record."    Information that is inscribed on a tangible medium

20250HB0414PN0390                       - 9 -
 1   or that is stored in an electronic or other medium and is
 2   retrievable in perceivable form.
 3      "Return from deployment."         The conclusion of a service
 4   member's deployment as specified in official orders.
 5      "Service member."        An individual who meets all of the
 6   following:
 7             (1)   Is a member of:
 8                   (i)    the active or reserve components of the Army,
 9             Navy, Air Force, Marine Corps or Coast Guard of the
10             United States;
11                   (ii)    the United States merchant marine, the
12             Commissioned Corps of the Public Health Service of the
13             Department of Health and Human Services or the
14             Commissioned Corps of the National Oceanic and
15             Atmospheric Administration of the United States; or
16                   (iii)    the National Guard or Pennsylvania National
17             Guard.
18             (2)   Is deployed.
19      "Sign."      With present intent to authenticate or adopt a
20   record:
21             (1)   to execute or adopt a tangible symbol; or
22             (2)   to attach to or logically associate with the record
23      an electronic symbol, sound or process.
24      "State."      A state of the United States, the District of
25   Columbia, Puerto Rico, the Virgin Islands or any territory or
26   insular possession subject to the jurisdiction of the United
27   States.
28   § 4603.    Remedies for noncompliance.
29      In addition to other remedies under law of this Commonwealth
30   other than this chapter, if a court finds that a party to a

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 1   proceeding under this chapter has acted in bad faith or
 2   intentionally failed to comply with this chapter or a court
 3   order issued under this chapter, the court may assess reasonable
 4   attorney fees and costs against the party and order other
 5   appropriate relief.
 6   § 4604.   Jurisdiction.
 7      (a)    Exercise.--A court may issue an order regarding
 8   custodial responsibility under this chapter only if the court
 9   has jurisdiction under 23 Pa.C.S. Ch. 54 (relating to uniform
10   child custody jurisdiction and enforcement).
11      (b)    Order of temporary custodial responsibility.--If a court
12   has issued an order regarding temporary custodial responsibility
13   under Subchapter C (relating to judicial procedure for granting
14   custodial responsibility during deployment), the residence of
15   the deploying parent is not changed by reason of the deployment
16   for the purposes of 23 Pa.C.S. Ch. 54 during the deployment.
17      (c)    Order of custodial responsibility.--If a court has
18   issued an order regarding custodial responsibility before notice
19   of deployment and the parents modify that order temporarily by
20   agreement under Subchapter B (relating to agreement addressing
21   custodial responsibility during deployment), the residence of
22   the deploying parent is not changed by reason of the deployment
23   for the purposes of 23 Pa.C.S. Ch. 54.
24      (d)    Action in other state.--If a court in another state has
25   issued an order regarding temporary custodial responsibility as
26   a result of impending or current deployment, the residence of
27   the deploying parent is not changed by reason of the deployment
28   for the purposes of 23 Pa.C.S. Ch. 54.
29      (e)    Temporary emergency jurisdiction.--This section does not
30   prevent a court from exercising jurisdiction under 23 Pa.C.S. §

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 1   5424 (relating to temporary emergency jurisdiction).
 2   § 4605.    Notices.
 3      (a)    Pending deployment.--Except as otherwise provided in
 4   subsection (d) and subject to subsection (c), a deploying parent
 5   shall provide the other parent with notice in a record of a
 6   pending deployment:
 7             (1)   not later than 72 hours after receiving notice of
 8      deployment unless reasonably prevented from doing so by the
 9      circumstances of service; or
10             (2)   if the circumstances of service prevent giving
11      notice within the time period specified in paragraph (1), as
12      soon as reasonably possible.
13      (b)    Plan.--Except as otherwise provided in subsection (e)
14   and subject to subsection (d), each parent shall provide the
15   other parent, in a record, with a plan for fulfilling that
16   parent's share of custodial responsibility during deployment.
17   Each parent shall provide the plan not later than 120 hours
18   after notice of deployment is given under subsection (a).
19      (c)    Change of residence or mailing address.--Except as
20   otherwise provided in subsection (d), the following apply:
21             (1)   An individual to whom custodial responsibility has
22      been granted during deployment under Subchapter B (relating
23      to agreement addressing custodial responsibility during
24      deployment) or C (relating to judicial procedure for granting
25      custodial responsibility during deployment) and who proposes
26      to change the residence of the child who is the subject of
27      the agreement or proceeding shall comply with the provisions
28      of 23 Pa.C.S. § 5337 (relating to relocation).
29             (2)   An individual to whom custodial responsibility has
30      been granted during deployment under Subchapter B or C shall

20250HB0414PN0390                     - 12 -
 1      notify, in a record, the deploying parent and any other
 2      individual with custodial responsibility of a child of a
 3      change of the individual's mailing address. The obligation
 4      under this paragraph continues until the grant is terminated.
 5            (3)   The individual shall provide each notice under
 6      paragraph (1) or (2) to a court that has issued an order
 7      regarding custodial responsibility or child support which is
 8      in effect concerning the child.
 9      (d)   Court order on disclosure.--
10            (1)   If a court order currently in effect prohibits
11      disclosure of the residence, mailing address or contact
12      information of the other parent or the other individual to
13      whom custodial responsibility has been granted, the notice
14      and documents required under subsections (a) and (b) shall be
15      provided only to the counsel of record for the other parent
16      and to the issuing court. If the mailing address of the other
17      parent or other individual is available to the issuing court,
18      the court shall forward the notice and document to the other
19      parent or other individual.
20            (2)   If a court order currently in effect prohibits
21      disclosure of the residence, mailing address or contact
22      information of an individual to whom custodial responsibility
23      has been granted, the notice required under subsection (c)
24      shall be provided only to the counsel of record of the
25      individual and to the issuing court.
26            (3)   The court shall keep confidential the residence,
27      mailing address or contact information of any individual
28      subject to an order prohibiting disclosure.
29      (e)   Exception.--Notice under subsection (a) and the plan
30   under subsection (b) are not required if the parents are living

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 1   in the same residence and both parents have actual notice of the
 2   deployment and plan.
 3      (f)     Proceeding on custodial responsibility.--In a proceeding
 4   regarding custodial responsibility, a court may consider the
 5   reasonableness of a parent's efforts to comply with this
 6   section.
 7   § 4606.    General consideration of parent's military service.
 8      In a proceeding for custodial responsibility of a child of a
 9   deploying parent, a court may not consider a parent's past
10   deployment or possible future deployment in itself in
11   determining the best interest of the child but may consider any
12   significant impact on the best interest of the child of the
13   parent's past or possible future deployment.
14                                 SUBCHAPTER B
15               AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY
16                              DURING DEPLOYMENT
17   Sec.
18   4611.    Form of agreement.
19   4612.    Nature of authority created by agreement.
20   4613.    Modification or termination of agreement.
21   4614.    Power of attorney.
22   4615.    Filing agreement or power of attorney with court.
23   § 4611.    Form of agreement.
24      (a)     Authorization.--The parents of a child may enter into an
25   agreement under this subchapter granting temporary custodial
26   responsibility during deployment.
27      (b)     Formation.--An agreement entered into under subsection
28   (a) must:
29             (1)   be in a record;
30             (2)   be provided by the deploying parent to any nonparent

20250HB0414PN0390                      - 14 -
 1      to whom custodial responsibility is granted;
 2            (3)   include notice that 23 Pa.C.S. § 5337 (relating to
 3      relocation) is applicable to any attempt to change the
 4      residence of the child who is the subject of the agreement;
 5      and
 6            (4)   be signed by both parents and any nonparent to whom
 7      custodial responsibility is granted.
 8      (c)   Contents.--An agreement entered into under subsection
 9   (a) may do any of the following to the extent feasible:
10            (1)   Identify the destination, duration and conditions of
11      the deployment which is the basis for the agreement.
12            (2)   Specify the allocation of caretaking authority among
13      the deploying parent, the other parent and any nonparent to
14      whom custodial responsibility is granted.
15            (3)   Require a nonparent to whom legal custody is granted
16      to make each decision consistent with the known wishes of the
17      deploying parent, unless making the decision in this manner
18      is not in the best interest of the child.
19            (4)   Specify the scope of legal custody which accompanies
20      a grant of caretaking authority.
21            (5)   Include the signed agreement of each nonparent's
22      designee to comply with the parents' agreement.
23            (6)   Specify a grant of limited contact to a nonparent.
24            (7)   If custodial responsibility is shared by the other
25      parent and a nonparent or by other nonparents, provide a
26      process to resolve a dispute which may arise.
27            (8)   Specify:
28                  (i)   frequency, duration and means, including
29            electronic means, by which the deploying parent will have
30            contact with the child;

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 1                    (ii)    role to be played by the other parent or
 2             nonparent in facilitating the contact; and
 3                    (iii)    allocation of costs of contact.
 4             (9)    Specify the contact between the deploying parent and
 5      child during the time the deploying parent is on leave or is
 6      otherwise available.
 7             (10)    Acknowledge that a party's child-support obligation
 8      cannot be modified by the agreement and that changing the
 9      terms of the obligation during deployment requires
10      modification in the appropriate court.
11             (11)    Provide that the agreement will terminate according
12      to the procedures under Subchapter D (relating to return from
13      deployment) after the deploying parent returns from
14      deployment.
15             (12)    If the agreement is required to be filed under
16      section 4615 (relating to filing agreement or power of
17      attorney with court), specify who is required to file the
18      agreement.
19   § 4612.    Nature of authority created by agreement.
20      (a)    Temporary.--
21             (1)    An agreement entered into under this subchapter is
22      temporary and terminates under Subchapter D (relating to
23      return from deployment) after the deploying parent returns
24      from deployment unless the agreement has been terminated
25      before that time by court order or by the parents under
26      section 4613 (relating to modification or termination of
27      agreement).
28             (2)    The agreement does not create an independent,
29      continuing right to caretaking authority, legal custody or
30      limited contact in an individual to whom custodial

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 1      responsibility is given.
 2      (b)    Standing.--A nonparent who was granted caretaking
 3   authority, legal custody or limited contact by an agreement
 4   entered into under this subchapter has standing to enforce the
 5   agreement until it has been terminated by court order, by the
 6   parents under section 4613 or Subchapter D.
 7   § 4613.    Modification or termination of agreement.
 8      (a)    Authorization.--The parents may modify or terminate an
 9   agreement regarding custodial responsibility entered into under
10   this subchapter.
11      (b)    Prior to deployment.--
12             (1)   If an agreement is modified before deployment, the
13      modification must be in a record and signed by:
14                   (i)    both parents; and
15                   (ii)    any nonparent who will exercise custodial
16             responsibility under the modified agreement.
17             (2)   If an agreement is terminated before deployment, the
18      termination must be in a record and signed by both parents.
19      (c)    During deployment.--
20             (1)   If an agreement is modified during deployment, the
21      modification must be agreed to in a record by:
22                   (i)    both parents; and
23                   (ii)    any nonparent who will exercise custodial
24             responsibility under the modified agreement.
25             (2)   If an agreement is terminated during deployment, the
26      termination must be agreed to in a record by both parents.
27   § 4614.    Power of attorney.
28      (a)    Authorization.--A deploying parent, by power of
29   attorney, may delegate all or part of custodial responsibility
30   to an adult family member or spouse for the period of deployment

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 1   if:
 2               (1)   the deploying parent has sole legal custody pursuant
 3         to a court order under the laws of this Commonwealth other
 4         than this chapter; or
 5               (2)   a court order currently in effect prohibits contact
 6         between the child and the other parent.
 7         (b)   Notice.--
 8               (1)   For an authorization under subsection (a) to be
 9         valid, except as specified in paragraph (2), the deploying
10         parent must give notice in a record to the other parent of
11         the delegation of custodial responsibility through the power
12         of attorney within 72 hours of the execution of the power.
13               (2)   Paragraph (1) does not apply if:
14                     (i)    the deploying parent has sole legal custody
15               pursuant to a court order under the laws of this
16               Commonwealth other than this chapter;
17                     (ii)    the other parent has not participated in the
18               life of the child for a period of at least six months
19               immediately preceding the execution of the power; or
20                     (iii)    the location of the other parent is unknown to
21               the deploying parent.
22         (c)   Revocation.--
23               (1)   The deploying parent may revoke the power of
24         attorney in a record signed by the deploying parent.
25               (2)   If the power of attorney is required to be filed
26         with a court under section 4615 (relating to filing agreement
27         or power of attorney with court), a copy of the signed
28         revocation shall also be filed with the court.
29   § 4615.      Filing agreement or power of attorney with court.
30         A copy of an agreement entered into or power of attorney made

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 1   under this subchapter shall be filed within a reasonable time
 2   with a court that has issued an order regarding custodial
 3   responsibility or child support which is in effect concerning
 4   the child who is the subject of the agreement or power. The case
 5   number and heading of the pending case shall be provided to the
 6   court with the agreement or power.
 7                                 SUBCHAPTER C
 8                JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL
 9                     RESPONSIBILITY DURING DEPLOYMENT
10   Sec.
11   4621.    Proceeding for order.
12   4622.    Expedited hearing.
13   4623.    Testimony by electronic means.
14   4624.    Failure to appear.
15   4625.    Effect of prior judicial order or agreement.
16   4626.    Grant of caretaking authority to nonparent.
17   4627.    Grant of legal custody to nonparent.
18   4628.    Grant of limited contact to nonparent.
19   4629.    Nature of authority created by order.
20   4630.    Content of order.
21   4631.    Order for child support.
22   4632.    Modifying or terminating grant of custodial
23                responsibility to nonparent.
24   § 4621.    Proceeding for order.
25      (a)    Authorization.--After the deploying parent receives
26   notice of deployment and until the deployment terminates, a
27   court may issue an order granting temporary custodial
28   responsibility unless prohibited by 50 U.S.C. §§ 3931 (relating
29   to protection of servicemembers against default judgments) and
30   3932 (relating to stay of proceedings when servicemember has

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 1   notice). A court may not issue an order granting permanent
 2   custodial responsibility without the consent of the deploying
 3   parent.
 4      (b)     Custodial responsibility.--After the deploying parent
 5   receives notice of deployment, either parent may file a motion
 6   regarding custodial responsibility during deployment. The motion
 7   must be filed in a pending proceeding for custodial
 8   responsibility in a court with jurisdiction under section 4604
 9   (relating to jurisdiction) or, if there is no pending proceeding
10   in a court with jurisdiction under section 4604, in a new action
11   for granting custodial responsibility during deployment.
12   § 4622.    Expedited hearing.
13      If a motion to grant custodial responsibility is filed under
14   section 4621(b) (relating to proceeding for order) before the
15   deploying parent deploys, the court shall conduct an expedited
16   hearing.
17   § 4623.    Testimony by electronic means.
18      In a proceeding under this subchapter, a party or witness who
19   is not reasonably available to appear personally may appear,
20   provide testimony and present evidence by electronic means,
21   unless the court finds good cause to require a personal
22   appearance.
23   § 4624.    Failure to appear.
24      The failure of a deploying parent to appear in court due to
25   deployment shall not, by itself, be sufficient to justify a
26   modification of an order concerning custodial responsibility.
27   § 4625.    Effect of prior judicial order or agreement.
28      In a proceeding for a grant of custodial responsibility under
29   this subchapter, the following apply:
30             (1)   A prior judicial order designating custodial

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 1      responsibility in the event of deployment is binding on the
 2      court unless the circumstances meet the requirements of law
 3      of this Commonwealth other than this chapter for modifying a
 4      judicial order regarding custodial responsibility.
 5             (2)   The court shall enforce a prior written agreement
 6      between the parents for designating custodial responsibility
 7      in the event of deployment, including an agreement executed
 8      under Subchapter B (relating to agreement addressing
 9      custodial responsibility during deployment), unless the court
10      finds that the agreement is contrary to the best interest of
11      the child.
12   § 4626.    Grant of caretaking authority to nonparent.
13      (a)    Authorization.--On motion of a deploying parent and in
14   accordance with law of this Commonwealth other than this
15   chapter, if it is in the best interest of the child, a court may
16   grant caretaking authority to a nonparent who is an adult with
17   whom the child has a close and substantial relationship.
18      (b)    Duration.--Unless a grant of caretaking authority to a
19   nonparent under subsection (a) is agreed to by the other parent,
20   the grant is limited to an amount of time not greater than the
21   following:
22             (1)   The amount of time granted to the deploying parent
23      under an order regarding custodial responsibility which is
24      currently in effect. The court may add unusual travel time
25      necessary to transport the child.
26             (2)   In the absence of an order regarding custodial
27      responsibility which is currently in effect, the amount of
28      time when the deploying parent habitually cared for the child
29      before being notified of deployment. The court may add
30      unusual travel time necessary to transport the child.

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 1   § 4627.    Grant of legal custody to nonparent.
 2      If the deploying parent is unable to exercise the scope of
 3   legal custody awarded to the deploying parent, a court may grant
 4   part of the deploying parent's scope of legal custody to a
 5   nonparent who is an adult with whom the child has a close and
 6   substantial relationship. A court order under this section shall
 7   specify the scope of legal custody granted.
 8   § 4628.    Grant of limited contact to nonparent.
 9      On motion of a deploying parent, and in accordance with law
10   of this Commonwealth other than this chapter, unless a court
11   finds that limited contact would be contrary to the best
12   interest of the child, the court shall grant limited contact to
13   a nonparent who is an individual with whom the child has a close
14   and substantial relationship.
15   § 4629.    Nature of authority created by order.
16      (a)     Duration and effect.--A grant of authority under this
17   subchapter is temporary and terminates under Subchapter D
18   (relating to return from deployment) after the return from
19   deployment of the deploying parent unless the grant has been
20   terminated before that time by court order. The grant does not
21   create an independent, continuing right to caretaking authority,
22   legal custody or limited contact in an individual to whom it is
23   granted.
24      (b)     Standing.--A nonparent granted caretaking authority,
25   legal custody or limited contact under this subchapter has
26   standing to enforce the grant until it is terminated by court
27   order.
28   § 4630.    Content of order.
29      (a)     Time and identification.--An order granting custodial
30   responsibility issued under this subchapter shall:

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 1             (1)   designate the order as temporary; and
 2             (2)   identify to the extent feasible the destination,
 3      duration and conditions of the deployment.
 4      (b)    Terms.--If applicable, an order for custodial
 5   responsibility issued under this subchapter shall:
 6             (1)   specify the allocation of caretaking authority,
 7      legal custody or limited contact among the deploying parent,
 8      the other parent and any nonparent to whom caretaking
 9      authority is granted;
10             (2)   if the order divides caretaking authority or legal
11      custody among individuals or grants caretaking authority to
12      one individual and limited contact to another, provide a
13      process to resolve a dispute which may arise;
14             (3)   provide for liberal communication between the
15      deploying parent and the child during deployment, including
16      through electronic means, unless contrary to the best
17      interest of the child, and allocate costs of communications;
18             (4)   provide for liberal contact between the deploying
19      parent and the child during the time the deploying parent is
20      on leave or otherwise available, unless contrary to the best
21      interest of the child;
22             (5)   provide for reasonable contact between the deploying
23      parent and the child after the deploying parent returns from
24      deployment and until the order is terminated, even if the
25      time of contact exceeds the time the deploying parent spent
26      with the child before entry of the order; and
27             (6)   provide that the order will terminate under
28      Subchapter D (relating to return from deployment) after the
29      deploying parent returns from deployment.
30   § 4631.    Order for child support.

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 1      If a court has issued an order granting caretaking authority
 2   under this subchapter or an agreement granting caretaking
 3   authority has been entered into under Subchapter B (relating to
 4   agreement addressing custodial responsibility during
 5   deployment), the court may enter a temporary order for child
 6   support consistent with law of this Commonwealth other than this
 7   chapter if the court has jurisdiction under 23 Pa.C.S. Pt. VIII
 8   (relating to uniform interstate family support).
 9   § 4632.    Modifying or terminating grant of custodial
10                   responsibility to nonparent.
11      (a)    Authorization.--
12             (1)   Except for an order under section 4625 (relating to
13      effect of prior judicial order or agreement) or as otherwise
14      provided under subsection (b) and consistent with 50 U.S.C.
15      §§ 3931 (relating to protection of servicemembers against
16      default judgments) and 3932 (relating to stay of proceedings
17      when servicemember has notice), on motion of a deploying or
18      other parent or a nonparent to whom caretaking authority,
19      legal custody or limited contact has been granted, the court
20      may modify or terminate the grant if the modification or
21      termination is consistent with this subchapter and is in the
22      best interest of the child.
23             (2)   A modification is temporary and terminates under
24      Subchapter D (relating to return from deployment) after the
25      deploying parent returns from deployment unless the grant has
26      been terminated before that time by court order.
27      (b)    Grant of limited contact.--On motion of a deploying
28   parent, the court shall terminate a grant of limited contact.
29                                  SUBCHAPTER D
30                             RETURN FROM DEPLOYMENT

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 1   Sec.
 2   4641.    Procedure for terminating custodial responsibility
 3                   granted by agreement.
 4   4642.    Consent procedure for terminating custodial
 5                   responsibility granted by court order.
 6   4643.    Visitation before termination of grant of custodial
 7                   responsibility.
 8   4644.    Termination by operation of law of custodial
 9                   responsibility granted by court order.
10   § 4641.    Procedure for terminating custodial responsibility
11                   granted by agreement.
12      (a)    Agreement to terminate.--After the deploying parent
13   returns from deployment, an agreement granting custodial
14   responsibility under Subchapter B (relating to agreement
15   addressing custodial responsibility during deployment) may be
16   terminated by an agreement to terminate signed by both parents.
17   An agreement to terminate is not required to be signed by a
18   nonparent granted temporary custodial responsibility under the
19   agreement.
20      (b)    Termination under agreement.--An agreement entered into
21   under Subchapter B terminates:
22             (1)   if an agreement to terminate under subsection (a)
23      specifies a date for termination, on that date; or
24             (2)   if the agreement to terminate does not specify a
25      date, on the date the agreement to terminate is signed by
26      both parents.
27      (c)    Termination absent agreement.--In the absence of an
28   agreement to terminate under subsection (a), an agreement
29   granting custodial responsibility entered into under Subchapter
30   B terminates 60 days after the deploying parent gives notice, to

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 1   the other parent and to any nonparent to whom custodial
 2   responsibility was granted, of the deploying parent's return
 3   from deployment.
 4      (d)    Judicial filing.--If an agreement entered into under
 5   Subchapter B was filed with a court under section 4615 (relating
 6   to filing agreement or power of attorney with court), an
 7   agreement to terminate the agreement shall be filed with that
 8   court within a reasonable time after the signing of the
 9   agreement. The case number and heading of the case concerning
10   custodial responsibility or child support shall be provided to
11   the court with the agreement to terminate.
12   § 4642.    Consent procedure for terminating custodial
13                   responsibility granted by court order.
14      (a)    Filing of agreement.--
15             (1)   After the deploying parent returns from deployment,
16      both parents may file with the court an agreement to
17      terminate an order for temporary custodial responsibility
18      issued under Subchapter C (relating to judicial procedure for
19      granting custodial responsibility during deployment).
20             (2)   An agreement to terminate an order entered into
21      under this section is not required to be signed by a
22      nonparent to whom custodial responsibility has been granted.
23      (b)    Order.--After an agreement has been filed, the court
24   shall issue an order terminating the temporary order effective
25   on the date specified in the agreement. If a date is not
26   specified, the order shall take effect immediately upon
27   issuance.
28   § 4643.    Visitation before termination of grant of custodial
29                   responsibility.
30      Upon petition of a deploying parent who has returned from

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 1   deployment, the court shall issue an order granting the
 2   deploying parent reasonable contact with the child until the
 3   agreement entered into under Subchapter B (relating to agreement
 4   addressing custodial responsibility during deployment) or the
 5   order issued under Subchapter C (relating to judicial procedure
 6   for granting custodial responsibility during deployment) is
 7   terminated, unless it is contrary to the best interest of the
 8   child, even if the time of contact exceeds the time the
 9   deploying parent spent with the child before deployment.
10   § 4644.    Termination by operation of law of custodial
11                responsibility granted by court order.
12      (a)    Absence of filed agreement.--If an agreement to
13   terminate an order for temporary custodial responsibility issued
14   under Subchapter C (relating to judicial procedure for granting
15   custodial responsibility during deployment) has not been filed,
16   the order shall terminate 60 days after the deploying parent
17   gives notice, to the other parent and any nonparent granted
18   custodial responsibility, that the deploying parent has returned
19   from deployment.
20      (b)    Applicable law.--A proceeding seeking to prevent
21   termination of an order for temporary custodial responsibility
22   is governed by law of this Commonwealth other than this chapter.
23                                SUBCHAPTER E
24                         MISCELLANEOUS PROVISIONS
25   Sec.
26   4651.    Relation to Electronic Signatures in Global and National
27                Commerce Act.
28   4652.    Savings clause.
29   § 4651.    Relation to Electronic Signatures in Global and
30                National Commerce Act.

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1      To the extent permitted by 15 U.S.C. § 7002 (relating to
2   exemption to preemption), this chapter may supersede provisions
3   of that act.
4   § 4652.   Savings clause.
5      This chapter does not affect the validity of any court order
6   or agreement concerning custodial responsibility during
7   deployment which was issued or entered into before the effective
8   date of this section.
9      Section 4.   This act shall take effect in 30 days.




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