PRINTER'S NO. 71
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 82
Session of
2023
INTRODUCED BY C. WILLIAMS, JAMES, CIRESI, M. MACKENZIE,
KAUFFMAN, STAATS, ROWE, GILLEN, KERWIN, FLICK, MARCELL,
WATRO, SCHEUREN, RADER AND STEHR, MARCH 7, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 7, 2023
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 Sections 4109 and 4110 of Title 51 are repealed: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
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 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
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 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
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 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:
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 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
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 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