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| PRIOR PRINTER'S NO. 1684 | PRINTER'S NO. 1846 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BAKER, PILEGGI, ROBBINS, FARNESE, WARD, WASHINGTON, ALLOWAY, BOSCOLA, BRUBAKER, COSTA, ERICKSON, FERLO, FOLMER, FONTANA, MUSTO, MENSCH, O'PAKE, ORIE, PIPPY, RAFFERTY, STOUT, M. WHITE, WILLIAMS AND TOMLINSON, FEBRUARY 8, 2010 |
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| SENATOR GREENLEAF, JUDICIARY, AS AMENDED, APRIL 13, 2010 |
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| AN ACT |
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1 | Amending Title Titles 23 (Domestic Relations) and 51 (Military | <-- |
2 | Affairs) of the Pennsylvania Consolidated Statutes, further | <-- |
3 | providing for modification of existing support orders; and |
4 | providing for assignment of custody and visitation rights |
5 | during military deployment. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 51 of the Pennsylvania Consolidated | <-- |
9 | Statutes is amended by adding a section to read: |
10 | Section 1. Section 5310 of Title 23 of the Pennsylvania | <-- |
11 | Consolidated Statutes is amended to read: |
12 | § 5310. Modification of existing custody orders. |
13 | Except as provided in 51 Pa.C.S. [§ 4109] §§ 4109 (relating |
14 | to child custody proceedings during military deployment) and |
15 | 4110 (relating to assignment of custody and visitation rights |
16 | during military deployment), any order for the custody of the |
17 | child of a marriage entered by a court in this Commonwealth or |
18 | any state may, subject to the jurisdictional requirements set |
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1 | forth in Chapter 54 (relating to uniform child custody |
2 | jurisdiction and enforcement), be modified at any time to an |
3 | order of shared custody in accordance with this subchapter. |
4 | Section 2. Title 51 is amended by adding a section to read: |
5 | § 4110. Assignment of custody and visitation rights during | <-- |
6 | military deployment. |
7 | (a) Petition.--If an eligible servicemember has received |
8 | notice of deployment in support of a contingency operation, the |
9 | servicemember may petition the court for a modification to an |
10 | order granting the servicemember custody or visitation with a |
11 | child under 23 Pa.C.S. § 5302 (relating to definitions). The |
12 | modification may include a temporary assignment of the eligible |
13 | servicemember's custody or visitation rights to one or more |
14 | legal or biological relatives. The eligible servicemember shall |
15 | be joined in the petition by the relatives to whom the |
16 | servicemember is seeking to assign these rights. The petition |
17 | shall include a proposed custody or visitation schedule with the |
18 | relatives and the schedule shall not exceed the time granted to |
19 | the eligible servicemember prior to the time of filing the |
20 | petition. |
21 | (b) Order.--The court may grant the eligible servicemember's |
22 | request for assignment of custody or visitation rights if the |
23 | court finds that custody or visitation on terms as the court |
24 | deems appropriate would be in the best interest of the child. An |
25 | order granting assignment of custody or visitation rights |
26 | pursuant to this section shall terminate immediately upon the |
27 | termination of the eligible servicemember's deployment. |
28 | (c) Definitions.--As used in this section, the terms |
29 | "contingency operation" and "eligible servicemember" shall have |
30 | the same meanings given to them under section 4109 (relating to |
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1 | child custody proceedings during military deployment). |
2 | Section 2 3. This act shall take effect in 60 days. | <-- |
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