act-2008-0-127•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
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-2008-0-1272008 Pa. Act 127Law
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
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