THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, SOLOBAY, BRUBAKER, RAFFERTY, FOLMER, GORDNER, GREENLEAF, HUGHES, COSTA, MENSCH, ERICKSON, ORIE, SCHWANK, TARTAGLIONE, TOMLINSON, WAUGH, WILLIAMS, YUDICHAK, FONTANA, BOSCOLA, FARNESE, BROWNE, FERLO AND ROBBINS, JUNE 21, 2011

AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 27, 2011   

AN ACT

Amending Titles 23 (Domestic Relations) and 51 (Military

Affairs) of the Pennsylvania Consolidated Statutes, further

providing for modification of existing orders and for child

custody proceeding during military deployment; and providing

for assignment of custody rights during military deployment

and expedited or electronic hearing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5338 of Title 23 of the Pennsylvania

Consolidated Statutes, added November 23, 2010 (P.L.1106, 

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No.112), is amended to read:

§ 5338.  Modification of existing order.

(a)  Best interest of the child.--Upon petition, a court may

modify a custody order to serve the best interest of the child.

(b)  Applicability.--[This] Except as provided in 51 Pa.C.S.

§§ 4109 (relating to child custody proceedings during military

deployment) and 4110 (relating to assignment of custody rights

during military deployment), 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.  Section 4109(d) of Title 51 is amended to read:

§ 4109.  Child custody proceedings during military deployment.

* * *

(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.

* * *

Section 3.  Title 51 is amended by adding sections to read:

§ 4110.  Assignment of custody rights during military

deployment.

(a)  Petition.--If an eligible servicemember has received

notice of deployment in support of a contingency operation, the

servicemember may petition the court for a modification to an

order granting the servicemember custody with a child under 23

Pa.C.S. § 5323 (relating to award of custody). The modification

may include a temporary assignment of the eligible

servicemember's custody rights to one or more biological

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relatives family members as defined in 23 Pa.C.S. § 6303

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(relating to definitions). The eligible servicemember shall be

joined in the petition by the relatives to whom the

servicemember is seeking to assign these rights. The petition

shall include a proposed custody schedule with the relatives 

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family members and the schedule shall not exceed the time

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granted to the eligible servicemember prior to the time of

filing the petition.

(b)  Order.--The court may grant the eligible servicemember's

request for assignment of custody rights if the court finds that

custody on terms as the court deems appropriate would be in the

best interest of the child. An order granting assignment of

custody rights pursuant to this section shall terminate

immediately upon the termination of the eligible servicemember's

deployment.

(c)  Definitions.--As used in this section, the terms

"contingency operation" and "eligible servicemember" shall have

the same meanings given to them under section 4109 (relating to

child custody proceedings during military deployment).

§ 4111.  Expedited or electronic hearing.

(a)  Expedited hearing.--Upon motion of a parent who has

received notice of deployment in support of a contingency

operation, the court shall, for good cause shown, hold an

expedited hearing in custody matters instituted under sections

4109 (relating to child custody proceedings during military

deployment) and 4110 (relating to assignment of custody rights

during military deployment) when the military duties of the

parent have a material effect on the parent's ability, or

anticipated ability, to appear in person at a regularly

scheduled hearing.

(b)  Electronic hearing.--Upon motion of a parent who has

received military temporary duty, deployment or mobilization

orders, the court shall, upon reasonable advance notice and for

good cause shown, allow the parent to present testimony and

evidence by electronic means in custody matters instituted under

sections 4109 and 4110 when the military duties of the parent

have a material effect on the parent's ability to appear in

person at a regularly scheduled hearing. The term "electronic

means" includes communication by telephone, video teleconference

or the Internet.

Section 4.  This act shall take effect in 60 days.