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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 AND WILLIAMS, FEBRUARY 8, 2010 |
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| REFERRED TO JUDICIARY, FEBRUARY 8, 2010 |
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| AN ACT |
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1 | Amending Title 51 (Military Affairs) of the Pennsylvania |
2 | Consolidated Statutes, providing for assignment of custody |
3 | and visitation rights during military deployment. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 51 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 4110. Assignment of visitation rights during military |
9 | deployment. |
10 | (a) Petition.--If an eligible servicemember has received |
11 | notice of deployment in support of a contingency operation, the |
12 | servicemember may petition the court for a modification to an |
13 | order granting the servicemember custody or visitation with a |
14 | child under 23 Pa.C.S. § 5302 (relating to definitions). The |
15 | modification may include a temporary assignment of the eligible |
16 | servicemember's custody or visitation rights to one or more |
17 | legal or biological relatives. The eligible servicemember shall |
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1 | be joined in the petition by the relatives to whom the |
2 | servicemember is seeking to assign these rights. The petition |
3 | shall include a proposed custody or visitation schedule with the |
4 | relatives and the schedule shall not exceed the time granted to |
5 | the eligible servicemember prior to the time of filing the |
6 | petition. |
7 | (b) Order.--The court may grant the eligible servicemember's |
8 | request for assignment of custody or visitation rights if the |
9 | court finds that custody or visitation on terms as the court |
10 | deems appropriate would be in the best interest of the child. An |
11 | order granting assignment of custody or visitation rights |
12 | pursuant to this section shall terminate immediately upon the |
13 | termination of the eligible servicemember's deployment. |
14 | (c) Definitions.--As used in this section, the terms |
15 | "contingency operation" and "eligible servicemember" shall have |
16 | the same meanings given to them under section 4109 (relating to |
17 | child custody proceedings during military deployment). |
18 | Section 2. This act shall take effect in 60 days. |
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