Custody

If the judge believes it is in the children’s best interest, they may allow someone who is not a parent to take over some or all of the deploying parent’s physical custody rights, also called caretaking authority. This would give the nonparent the right to care for the children and have the children live with them for some amount of time during the deployment. This person must be an adult with whom the children have a “close and substantial relationship.“¹

The judge may also order a nonparent to take over part of the deploying parent’s legal custody rights, also called decision-making authority. The nonparent would be allowed to make important decisions about the children if the deploying parent cannot. The order must be specific about what the nonparent has the right to do.² 

If the parent who is deploying asks for it, and it is in the children’s best interest, the judge can also order a nonparent to have limited contact with the children.³ The judge will usually assume that it is good for children to have some contact with relatives on the deploying parent’s side of the family, as a way to keep the children’s bond with that parent.

Usually, the nonparent cannot have more time with the children than:

• the time the deploying parent currently has under an existing custody order; or
• if there is no custody order, the time the deploying parent usually spent with the children before learning about the deployment.⁴

However, if the other parent agrees, the judge can allow the nonparent to have more time.⁴

¹ 51 Pa.C.S.A. §§ 4626(a); 4602
² 51 Pa.C.S.A. § 4627
³ 51 Pa.C.S.A. § 4628 
⁴ 51 Pa.C.S.A. § 4626(b)