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Laws current as of March 12, 2026

Do parents have to give each other notice about an upcoming military deployment?

The parent who will be deploying must give the other parent written notice within 72 hours (3 days) of learning of the deployment. If they can’t tell the other parent within 72 hours, because the circumstances of their military service prevent it, they must tell the other parent as soon as possible.1

Then, within 120 hours (5 days), each parent must give the other a plan for how they will handle custody during the deployment.2

Note: Notice in writing can be in a physical record, like written on a piece of paper. Or it can be in an electronic record, like an email or text message.3

1 51 Pa.C.S. § 4605(a)
2 51 Pa.C.S. § 4605(b)
3 See 51 Pa.C.S. § 4602

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Can parents agree to change a custody and visitation order during a deployment?

Parents can agree to temporarily change custody or visitation while a parent is deployed. They can also agree to give the other parent or another person temporary custodial responsibility for the children.1

There are rules about this agreement must be made. The agreement must:

  • be in writing, in a physical or electronic record; and
  • be signed by:
    • both parents, and
    • any other person who is given temporary custodial responsibility.2

The agreement must also include certain information. See What should a temporary custody agreement during a deployment include?3

1 51 Pa.C.S. § 4611(a)
2 51 Pa.C.S. § 4602; 4611(b)(1), (b)(4)
3 51 Pa.C.S. §§ 4611(c)

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What should a temporary custody agreement during a deployment include?

An agreement about temporary custody during a deployment must state the following:

  • where the parent will be deploying, for how long, and under what conditions;
  • how caretaking responsibilities will be divided among the deploying parent, the other parent, and anyone else (a “nonparent”);
  • if a nonparent is taking care of the children,
    • what kind of legal custody they will have; in other words, which decisions they can make while the children are in their care; 
    • they must do what the parent would want unless that is not in the best interest of the children;
  • whether a nonparent can have limited contact with the children and how much contact they can have;
  • how disputes will be resolved if multiple people are sharing custodial responsibility;
  • how the deploying parent will have contact with the children, for example, if they will talk by phone, video, email, etc., and how often;
  • whether the other parent or a nonparent will need to do anything to help the children contact the deploying parent;
  • who will pay for the communication costs;
  • what kind of contact the deploying parent will have with the children;
  • an acknowledgment that the agreement can’t change child support obligations – a parent would need to file a child support modification petition in court to do that;
  • that this agreement will end when the parent returns from deployment;1 
  • that anyone trying to change the children’s residence must follow the relocation rules explained in I have a custody order. Can I move with my child? and How do I tell the other parent that I want to move?;2 and
  • who will file this agreement in court, if it needs to be filed.3

If a nonparent will have temporary custodial responsibility, that person must also sign a statement that they will follow the parents’ agreement.4

1 51 Pa.C.S. § 4611(c)(1)-(4), I(6)-(10)
2 51 Pa.C.S. § 4611(b)(3); 23 Pa.C.S. § 5337
3 51 Pa.C.S. § 4611(c)(11)-(c)(12)
4 51 Pa.C.S. § 4611(c)(5)

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If the other parent and I make a deployment agreement, do we have to file it in court?

If you already have a custody or child support order from a court, you must file a copy of the deployment agreement with the court. This has to be filed within a “reasonable time.” 1 The parent who is deploying must also provide a copy to any nonparent who is given temporary custodial responsibility. 2

1 51 Pa.C.S. § 4615
2 51 Pa.C.S. § 4611(b)(2)

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Can a deploying parent give someone else temporary custody through a power of attorney?

A deploying parent may temporarily give (delegate) some or all of their custodial responsibility to their spouse (the children’s step-parent) or another family member.1

The deploying parent 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, a deploying parent may only do this if:

1 51 Pa.C.S.A. § 4614(a)

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Does the deploying parent have to tell the other parent if they give someone else temporary custody through a power of attorney?

Usually, if a deploying parent uses a power of attorney to give someone else custodial responsibility for the children, they must tell the other parent about it. Within 72 hours after signing the power of attorney, the deploying parent must give the other parent written notice in a physical or electronic record.1

However, the deploying parent does not have to give notice if:

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

The deploying parent 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

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Can the judge change my custody and visitation order because of military deployment?

A judge may temporarily change (modify) a custody and visitation order because of a military deployment. The judge may not permanently change the order unless the deploying parent agrees (consents).1

If you or the other parent receives notice of a deployment, either parent can file a “motion regarding custodial responsibility during deployment.” In that motion, you can ask the judge to:

  • temporarily change an existing custody or visitation order; or
  • issue a new temporary order during the deployment.2

The court must schedule a fast-tracked (expedited) hearing before the deploying parent leaves for deployment.3 At the hearing, the judge will decide what temporary custody arrangement is in the best interest of the children.4

1 51 Pa.C.S.A. § 4621(a)
2 51 Pa.C.S.A. § 4621(b)
3 51 Pa.C.S.A. § 4622
4 See 51 Pa.C.S.A. § 4626(a)

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Can the judge give a nonparent temporary custody or visitation rights during the deployment?

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.2

However, if the other parent agrees, the judge can allow the nonparent to have more time.2

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

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Who is considered to have a “close and substantial relationship” with the children?

This is someone with whom the children have a significant bond, and the person is the children’s:

  • stepparent (the deploying parent’s spouse);
  • sibling;
  • aunt or uncle;
  • cousin; or
  • grandparent.1

The person could be related to the children by blood (biologically), marriage, or adoption.1

If there isn’t anyone with that kind of familial bond, this could also be an adult who had primary care or physical custody of the children for:

  • 60 days in a row or more during the past 12 months; or
  • 730 days or more during the past 5 years.1

1 51 Pa.C.S.A. § 4602

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