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Legal Information: Pennsylvania


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February 5, 2020

Can I file to modify my custody order while the other parent is deployed?

The court cannot change a custody order while one parent is absent due to military duty (deployment).1 If the parent who is not on military duty files a petition to change custody, the court is not permitted to modify or amend the custody order that was in effect on the date of deployment. However, if it is in the child’s best interest, the court is permitted to enter a temporary custody order while the parent is deployed.1

1 51 Pa.C.S.A § 4109(a)