Selected Statutes: Pennsylvania

(a) Authorization.–The parents of a child may enter into an agreement under this subchapter granting temporary custodial responsibility during deployment.

(b) Formation.–An agreement entered into under subsection (a) must:

(1) be in a record;

(2) be provided by the deploying parent to any nonparent to whom custodial responsibility is granted;

(3) include notice that 23 Pa.C.S. § 5337 (relating to relocation) is applicable to any attempt to change the residence of the child who is the subject of the agreement; and

(4) be signed by both parents and any nonparent to whom custodial responsibility is granted.

(c) Contents.–An agreement entered into under subsection (a) may do any of the following to the extent feasible:

(1) Identify the destination, duration and conditions of the deployment which is the basis for the agreement.

(2) Specify the allocation of caretaking authority among the deploying parent, the other parent and any nonparent to whom custodial responsibility is granted.

(3) Require a nonparent to whom legal custody is granted to make each decision consistent with the known wishes of the deploying parent, unless making the decision in this manner is not in the best interest of the child.

(4) Specify the scope of legal custody which accompanies a grant of caretaking authority.

(5) Include the signed agreement of each nonparent’s designee to comply with the parents’ agreement.

(6) Specify a grant of limited contact to a nonparent.

(7) If custodial responsibility is shared by the other parent and a nonparent or by other nonparents, provide a process to resolve a dispute which may arise.

(8) Specify:

(i) frequency, duration and means, including electronic means, by which the deploying parent will have contact with the child;

(ii) role to be played by the other parent or nonparent in facilitating the contact; and

(iii) allocation of costs of contact.

(9) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available.

(10) Acknowledge that a party’s child-support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court.

(11) Provide that the agreement will terminate according to the procedures under Subchapter D1 (relating to return from deployment) after the deploying parent returns from deployment.

(12) If the agreement is required to be filed under section 4615 (relating to filing agreement or power of attorney with court), specify who is required to file the agreement.