Pennsylvania Act 2008-127 — DOMESTIC RELATIONS CODE (23 PA.C.S.) AND MILITARY AND VETERANS CODE (51 PA.C.S.) - MODIFICATION OF EXISTING CUSTODY ORDERS, PROTECTION OF DEPLOYED MEMBERS OF PENNSYLVANIA NATIONAL GUARD AND RESERVE COMPONENTS IN CHILD CUSTODY ARRANGEMENTS

Act text

DOMESTIC RELATIONS CODE (23 PA.C.S.) AND MILITARY AND VETERANS CODE
  (51 PA.C.S.) - MODIFICATION OF EXISTING CUSTODY ORDERS, PROTECTION OF
DEPLOYED MEMBERS OF PENNSYLVANIA NATIONAL GUARD AND RESERVE COMPONENTS IN
                        CHILD CUSTODY ARRANGEMENTS
                 Act of Oct. 9, 2008, P.L. 1522, No. 127              Cl. 51
                             Session of 2008
                               No. 2008-127

     SB 1107

                                  AN ACT

     Amending Titles 23 (Domestic Relations) and 51 (Military
        Affairs) of the Pennsylvania Consolidated Statutes, further
        providing for modification of existing custody orders; and
        providing for protection of deployed members of the
        Pennsylvania National Guard and reserve components in child
        custody arrangements.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5310 of Title 23 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5310.  Modification of existing custody orders.
        [Any] Except as provided in 51 Pa.C.S. § 4109 (relating to
     child custody proceedings during military deployment), any order
     for the custody of the child of a marriage entered by a court in
     this Commonwealth or any state may, subject to the
     jurisdictional requirements set forth in Chapter 54 (relating to
     uniform child custody jurisdiction and enforcement), be modified
     at any time to an order of shared custody in accordance with
     this subchapter.
        Section 2.  Title 51 is amended by adding a section to read:
      § 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.
        (b)  Completion of deployment.--In any temporary custody
     order entered under subsection (a), a court shall require that,
     upon the return of the eligible servicemember from deployment in
     support of a contingency operation, the custody order that was
     in effect immediately preceding the date of the deployment of
     the eligible servicemember is reinstated.
        (c)  Exclusion of military service from determination of
     child's best interest.--If a petition for the change of custody
     of the child of an eligible servicemember who was deployed in
     support of a contingency operation is filed after the end of the
     deployment, no court may consider the absence of the eligible
     servicemember by reason of that deployment in determining the
     best interest of the child.
        (d)  Failure to appear due to military deployment.--The
     failure of an eligible servicemember to appear in court due to
     deployment in support of a contingency operation shall not, in
     and of itself, be sufficient to justify a modification of a
     custody or visitation order if the reason for the failure to
     appear is the eligible servicemember's active duty in support of
     a contingency operation.
        (e)  Relationship to other laws.--Notwithstanding any other
     provision of law, the provisions of this section shall be
     applied with regard to child custody issues related to eligible
     servicemembers deployed in support of contingency operations.
        (f)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Contingency operation."  A military operation that:
            (1)  is designated by the Secretary of Defense as an
        operation in which members of the armed forces are or may
        become involved in military actions, operations or
        hostilities against an enemy of the United States or against
        an opposing military force; or
            (2)  results in the call or order to, or retention on,
        active duty of members of the uniformed services under 10
        U.S.C. § 688 (relating to retired members: authority to order
        to active duty; duties), 12301(a) (relating to reserve
        components generally), 12302 (relating to Ready Reserve),
        12304 (relating to Selected Reserve and certain Individual
        Ready Reserve members; order to active duty other than during
        war or national emergency), 12305 (relating to authority of
        President to suspend certain laws relating to promotion,
        retirement, and separation) or 12406 (relating to National
        Guard in Federal service: call) or any other provision of 10
        U.S.C. during a war or during a national emergency declared
        by the President or Congress.
        "Eligible servicemember."  A member of the Pennsylvania
     National Guard or a member of an active or reserve component of
     the Armed Forces of the United States who is serving on active
     duty, other than active duty for training, for a period of 30 or
     more consecutive days, in support of a contingency operation.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 9th day of October, A. D. 2008.

     EDWARD G. RENDELL