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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BAKER, SOLOBAY, BRUBAKER, RAFFERTY, FOLMER, GORDNER, GREENLEAF, HUGHES, COSTA, MENSCH, ERICKSON, ORIE, SCHWANK, TARTAGLIONE, TOMLINSON, WAUGH, WILLIAMS, YUDICHAK AND FONTANA, JUNE 21, 2011 |
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| REFERRED TO JUDICIARY, JUNE 21, 2011 |
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| AN ACT |
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1 | Amending Titles 23 (Domestic Relations) and 51 (Military |
2 | Affairs) of the Pennsylvania Consolidated Statutes, further |
3 | providing for modification of existing orders and for child |
4 | custody proceeding during military deployment; and providing |
5 | for assignment of custody rights during military deployment |
6 | and expedited or electronic hearing. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 5338 of Title 23 of the Pennsylvania |
10 | Consolidated Statutes, added November 23, 2010 (P.L.1106, |
11 | No.112), is amended to read: |
12 | § 5338. Modification of existing order. |
13 | (a) Best interest of the child.--Upon petition, a court may |
14 | modify a custody order to serve the best interest of the child. |
15 | (b) Applicability.--[This] Except as provided in 51 Pa.C.S. |
16 | §§ 4109 (relating to child custody proceedings during military |
17 | deployment) and 4110 (relating to assignment of custody rights |
18 | during military deployment), this section shall apply to any |
19 | custody order entered by a court of this Commonwealth or any |
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1 | other state subject to the jurisdictional requirements set forth |
2 | in Chapter 54 (relating to uniform child custody jurisdiction |
3 | and enforcement). |
4 | Section 2. Section 4109(d) of Title 51 is amended to read: |
5 | § 4109. Child custody proceedings during military deployment. |
6 | * * * |
7 | (d) Failure to appear due to military deployment.--The |
8 | failure of an eligible servicemember to appear in court due to |
9 | deployment in support of a contingency operation shall not, in |
10 | and of itself, be sufficient to justify a modification of a |
11 | custody [or visitation] order if the reason for the failure to |
12 | appear is the eligible servicemember's active duty in support of |
13 | a contingency operation. |
14 | * * * |
15 | Section 3. Title 51 is amended by adding sections to read: |
16 | § 4110. Assignment of custody rights during military |
17 | deployment. |
18 | (a) Petition.--If an eligible servicemember has received |
19 | notice of deployment in support of a contingency operation, the |
20 | servicemember may petition the court for a modification to an |
21 | order granting the servicemember custody with a child under 23 |
22 | Pa.C.S. § 5323 (relating to award of custody). The modification |
23 | may include a temporary assignment of the eligible |
24 | servicemember's custody rights to one or more biological |
25 | relatives. The eligible servicemember shall be joined in the |
26 | petition by the relatives to whom the servicemember is seeking |
27 | to assign these rights. The petition shall include a proposed |
28 | custody schedule with the relatives and the schedule shall not |
29 | exceed the time granted to the eligible servicemember prior to |
30 | the time of filing the petition. |
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1 | (b) Order.--The court may grant the eligible servicemember's |
2 | request for assignment of custody rights if the court finds that |
3 | custody on terms as the court deems appropriate would be in the |
4 | best interest of the child. An order granting assignment of |
5 | custody rights pursuant to this section shall terminate |
6 | immediately upon the termination of the eligible servicemember's |
7 | deployment. |
8 | (c) Definitions.--As used in this section, the terms |
9 | "contingency operation" and "eligible servicemember" shall have |
10 | the same meanings given to them under section 4109 (relating to |
11 | child custody proceedings during military deployment). |
12 | § 4111. Expedited or electronic hearing. |
13 | (a) Expedited hearing.--Upon motion of a parent who has |
14 | received notice of deployment in support of a contingency |
15 | operation, the court shall, for good cause shown, hold an |
16 | expedited hearing in custody matters instituted under sections |
17 | 4109 (relating to child custody proceedings during military |
18 | deployment) and 4110 (relating to assignment of custody rights |
19 | during military deployment) when the military duties of the |
20 | parent have a material effect on the parent's ability, or |
21 | anticipated ability, to appear in person at a regularly |
22 | scheduled hearing. |
23 | (b) Electronic hearing.--Upon motion of a parent who has |
24 | received military temporary duty, deployment or mobilization |
25 | orders, the court shall, upon reasonable advance notice and for |
26 | good cause shown, allow the parent to present testimony and |
27 | evidence by electronic means in custody matters instituted under |
28 | sections 4109 and 4110 when the military duties of the parent |
29 | have a material effect on the parent's ability to appear in |
30 | person at a regularly scheduled hearing. The term "electronic |
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1 | means" includes communication by telephone, video teleconference |
2 | or the Internet. |
3 | Section 4. This act shall take effect in 60 days. |
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