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Legal Information: Pennsylvania

Custody

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Laws current as of March 12, 2026

Do I have to tell the other parent if I give someone else temporary custody through a power of attorney?

Usually, you must tell the other parent if you give someone else custodial responsibility through a power of attorney. Within 72 hours after signing the power of attorney document, you must give the other parent notice in writing in a physical or electronic record.1

However, you do not have to notify the other parent about the power of attorney if:

  • you have a court order granting you sole legal custody;
  • the other parent has not been involved in the children’s lives for at least the past six months; or
  • you do not know where the other parent is.2

You must also file a copy of the power of attorney with any court that has issued a custody or child support order, within a “reasonable time.”3

1 51 Pa.C.S.A. §§ 4614(b)(1); 4602
2 51 Pa.C.S.A. § 4614(b)(2)
3 51 Pa.C.S.A. § 4615