Pennsylvania 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.

Bill Text

PRINTER'S NO. 390
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 414
Session of
2025
INTRODUCED BY C. WILLIAMS, KRUPA, M. MACKENZIE, COOK, SCHEUREN,
BONNER, ROWE, STAATS, LAWRENCE, BANTA, FLICK AND TOMLINSON,
JANUARY 30, 2025
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 30, 2025
AN ACT
Amending Titles 23 (Domestic Relations) and 51 (Military
Affairs) of the Pennsylvania Consolidated Statutes, enacting
the Uniform Deployed Parents Custody and Visitation Act;
making repeals; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5321, 5337(a) and 5338(b) of Title 23 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 5321. Scope of chapter.
This chapter applies to disputes relating to child custody
matters. There are additional provisions applicable to child
custody matters involving military personnel in 51 Pa.C.S. Ch.
46 (relating to uniform deployed parents custody and
visitation).
§ 5337. Relocation.
(a) Applicability.--This section applies to any proposed
relocation, including relocation subject to 51 Pa.C.S. Ch. 46
(relating to uniform deployed parents custody and visitation).
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* * *
§ 5338. Modification of existing order.
* * *
(b) Applicability.--Except as provided in 51 Pa.C.S. [§ 4109
(relating to child custody proceedings during military
deployment)] Ch. 46 (relating to uniform deployed parents
custody and visitation), this section shall apply to any custody
order entered by a court of this Commonwealth or any other state
subject to the jurisdictional requirements set forth in Chapter
54 (relating to uniform child custody jurisdiction and
enforcement).
Section 2. Sections 4109 and 4110 of Title 51 are repealed:
[§ 4109. Child custody proceedings during military deployment.
(a) Restriction on change of custody.--If a petition for
change of custody of a child of an eligible servicemember is
filed with any court in this Commonwealth while the eligible
servicemember is deployed in support of a contingency operation,
no court may enter an order modifying or amending any previous
judgment or order, or issue a new order, that changes the
custody arrangement for that child that existed as of the date
of the deployment of the eligible servicemember, except that a
court may enter a temporary custody order if it is in the best
interest of the child.
(a.1) Temporary assignment to family members.--If an
eligible servicemember has received notice of deployment in
support of a contingency operation, a court may issue a
temporary order to an eligible servicemember who has rights to a
child under 23 Pa.C.S. § 5323 (relating to award of custody) or
former 23 Pa.C.S. Ch. 53 Subch. A (relating to general
provisions), including a temporary order to temporarily assign
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custody rights to family members of the servicemember. In the
case of temporary assignment of rights to family members of the
servicemember, the following shall apply:
(1) The servicemember may petition the court for a
temporary order to temporarily assign custody rights to
family members of the servicemember. The servicemember shall
be joined in the petition by the family members to whom the
servicemember is seeking to assign temporary custody rights.
The petition shall include a proposed revised custody
schedule for care of the child by the family members. The
proposed revised custody schedule may not include custody
rights which exceed the rights granted to a servicemember set
forth in the order in effect at the time of the filing of the
petition to grant temporary custody rights to family members.
(2) The court may issue a temporary order with a revised
custody schedule as proposed by the servicemember and the
family members or another revised custody schedule as the
court deems appropriate, if the court finds that a temporary
assignment of custody rights to family members of the
servicemember is in the best interest of the child. In no
case shall a temporary order granting custody rights to the
family members of a servicemember exceed the custody rights
granted to the servicemember set forth in the order in effect
at the time of the filing of the petition to assign temporary
custody rights to family members.
In the case of any other temporary order issued under this
subsection, the court may issue a temporary order if it is in
the best interest of the child.
(b) Completion of deployment.--In any temporary custody
order entered under subsection (a) or (a.1), a court shall
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require that, upon the return of the eligible servicemember from
deployment in support of a contingency operation, the custody
order that was in effect immediately preceding the date of the
deployment of the eligible servicemember is reins