51 Pa.C.S. Ch. 46

in effect

51 Pa.C.S. § 4601 Scope of chapter.

This chapter relates to deployed parents custody and visitation.

51 Pa.C.S. § 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 (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: (1) The movement or mobilization of a service member, 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 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.

51 Pa.C.S. § 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 proceeding under this chapter has acted in bad faith or 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.

51 Pa.C.S. § 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. § 5424 (relating to temporary emergency jurisdiction). Cross References. Section 4604 is referred to in section 4621 of this title.

51 Pa.C.S. § 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 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 in the same residence and both parents have actual notice of the 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.

51 Pa.C.S. § 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.

51 Pa.C.S. § 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 to whom custodial responsibility is granted; (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; (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.

51 Pa.C.S. § 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 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.

51 Pa.C.S. § 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. Cross References. Section 4613 is referred to in section 4612 of this title.

51 Pa.C.S. § 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 if: (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.

51 Pa.C.S. § 4615 Filing agreement or power of attorney with court.

A copy of an agreement entered into or power of attorney made 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. Cross References. Section 4615 is referred to in sections 4611, 4614, 4641 of this title.

51 Pa.C.S. § 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 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. Cross References. Section 4621 is referred to in section 4622 of this title.

51 Pa.C.S. § 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.

51 Pa.C.S. § 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.

51 Pa.C.S. § 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.

51 Pa.C.S. § 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 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. Cross References. Section 4625 is referred to in section 4632 of this title.

51 Pa.C.S. § 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.

51 Pa.C.S. § 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.

51 Pa.C.S. § 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.

51 Pa.C.S. § 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.

51 Pa.C.S. § 4630 Content of order.

(a) Time and identification.--An order granting custodial responsibility issued under this subchapter shall: (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.

51 Pa.C.S. § 4631 Order for child support.

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).

51 Pa.C.S. § 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.

51 Pa.C.S. § 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 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.

51 Pa.C.S. § 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.

51 Pa.C.S. § 4643 Visitation before termination of grant of custodial responsibility.

Upon petition of a deploying parent who has returned from 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.

51 Pa.C.S. § 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.

51 Pa.C.S. § 4651 Relation to Electronic Signatures in Global and National Commerce Act.

To the extent permitted by 15 U.S.C. § 7002 (relating to exemption to preemption), this chapter may supersede provisions of that act.

51 Pa.C.S. § 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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026