If I am deploying, can I give someone else temporary custody through a power of attorney?
If you will be deploying, you may temporarily give (delegate) some or all of your custodial responsibility to your spouse (the children’s stepparent) or another family member.1
You can do this by signing a “power of attorney.”1 This is a legal document that gives another person the power to act for someone else in certain matters.
However, you may only do this if:
- there is a court order granting you sole legal custody; or
- there is a court order currently in effect that prohibits contact between the other parent and the children, such as a protection from abuse order.1
1 51 Pa.C.S.A. § 4614(a)




