Selected Statutes: Pennsylvania

(a) Pending deployment.–Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall provide the other parent with notice in a record of a pending deployment:

(1) not later than 72 hours after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service; or

(2) if the circumstances of service prevent giving notice within the time period specified in paragraph (1), as soon as reasonably possible.

(b) Plan.–Except as otherwise provided in subsection (e) and subject to subsection (d), each parent shall provide the other parent, in a record, with a plan for fulfilling that parent’s share of custodial responsibility during deployment. Each parent shall provide the plan not later than 120 hours after notice of deployment is given under subsection (a).

(c) Change of residence or mailing address.–Except as otherwise provided in subsection (d), the following apply:

(1) An individual to whom custodial responsibility has been granted during deployment under Subchapter B1 (relating to agreement addressing custodial responsibility during deployment) or C2 (relating to judicial procedure for granting custodial responsibility during deployment) and who proposes to change the residence of the child who is the subject of the agreement or proceeding shall comply with the provisions of 23 Pa.C.S. § 5337 (relating to relocation).

(2) An individual to whom custodial responsibility has been granted during deployment under Subchapter B or C shall notify, in a record, the deploying parent and any other individual with custodial responsibility of a child of a change of the individual’s mailing address. The obligation under this paragraph continues until the grant is terminated.

(3) The individual shall provide each notice under paragraph (1) or (2) to a court that has issued an order regarding custodial responsibility or child support which is in effect concerning the child.

(d) Court order on disclosure.–

(1) If a court order currently in effect prohibits disclosure of the residence, mailing address or contact information of the other parent or the other individual to whom custodial responsibility has been granted, the notice and documents required under subsections (a) and (b) shall be provided only to the counsel of record for the other parent and to the issuing court. If the mailing address of the other parent or other individual is available to the issuing court, the court shall forward the notice and document to the other parent or other individual.

(2) If a court order currently in effect prohibits disclosure of the residence, mailing address or contact information of an individual to whom custodial responsibility has been granted, the notice required under subsection (c) shall be provided only to the counsel of record of the individual and to the issuing court.

(3) The court shall keep confidential the residence, mailing address or contact information of any individual subject to an order prohibiting disclosure.

(e) Exception.–Notice under subsection (a) and the plan under subsection (b) are not required if the parents are living in the same residence and both parents have actual notice of the deployment and plan.

(f) Proceeding on custodial responsibility.–In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.