All Roll Calls
Yes: 278 • No: 0
Sponsored By: Craig Williams (Republican)
Signed by Governor
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10 provisions identified: 4 benefits, 1 costs, 5 mixed.
After deployment, both parents can sign an agreement ending temporary custody arrangements without the temporary nonparent’s signature. A private agreement ends on their chosen date, or when both sign if no date is listed. For a court order, parents file their agreement; the court must end the order on the chosen date or immediately upon issuance. Without an agreement ending it, the private arrangement ends 60 days after return notice reaches the other parent and nonparent recipient. A temporary court order also ends after 60 days if no termination agreement is filed. On request, courts must give returning parents reasonable contact until termination unless against the child’s best interest. That contact can exceed the parent’s pre-deployment time; required termination filings go to the same court.
After deployment notice and during deployment, either parent can seek a temporary custody order from a court with jurisdiction. Federal servicemember protections apply, and permanent custody requires the deploying parent’s consent. Pre-deployment motions receive expedited hearings; electronic testimony and evidence are allowed when people cannot reasonably attend. Orders must identify deployment details when feasible and spell out care, decision-making, contact, dispute handling, and termination after return. They must provide liberal parent-child communication and leave contact, subject to the child’s best interest, and assign communication costs.
An effective court order protecting someone’s address or contact details also protects that information in deployment custody notices. Required papers go only to that person’s lawyer of record and the issuing court. The court must keep protected information private and forward relevant papers when it has the other parent’s or caregiver’s mailing address.
Effective 30 days after enactment, the law replaces Pennsylvania’s former deployment custody rules while preserving earlier orders and agreements. Covered deployments involve official orders for at least 30 consecutive days. Courts cannot use past or possible future deployment alone against a parent, but can consider significant effects on the child. Missing court because of deployment alone cannot justify changing custody. Existing deployment orders remain binding unless other Pennsylvania law allows changes; written agreements remain enforceable unless against the child’s best interest. Courts need custody jurisdiction, and covered temporary arrangements do not change the deploying parent’s residence for that purpose. Emergency court authority remains available.
Deploying parents must give the other parent written notice within 72 hours after receiving deployment notice. If service circumstances prevent this, notice is due as soon as reasonably possible. Each parent must share a written custody plan within 120 hours after deployment notice. Neither duty applies when parents live together and both already know about the deployment and plan. Temporary caregivers must follow Pennsylvania’s relocation rules before moving the child and report mailing-address changes until their authority ends. Required notices go to the deploying parent, others with custody responsibility, and any court with an effective custody or support order. Courts can consider whether parents made reasonable efforts to meet notice and planning duties.
Some deploying parents can use a power of attorney to give an adult family member or spouse temporary custody powers. This option requires sole legal custody under another Pennsylvania law’s court order, or an effective order barring the other parent’s contact. Written notice to the other parent is generally due within 72 hours after signing. Notice is not required with that sole-custody order, six months of no participation by the other parent, or an unknown location. If a court has an effective custody or support order, the power of attorney must be filed there within a reasonable time.
Courts can make a party pay reasonable attorney fees and costs for bad faith or intentional noncompliance in deployment custody cases. This covers violations of the deployment custody law or orders issued under it. Courts can also order other appropriate relief. The law sets no fixed fee or penalty amount.
Parents can make written deployment agreements covering temporary care, decision-making, and contact with the child. Both parents and any nonparent receiving authority must sign; the deploying parent must give that nonparent a copy. Agreements address parent-child communication, its costs, leave contact, disputes, relocation rules, and how the arrangement ends after return. They cannot change child support or create lasting independent custody rights, but nonparents can enforce them while effective. If a court has an effective custody or support order, the agreement must be filed there within a reasonable time. The filing must include the existing case number and heading.
At a deploying parent’s request, courts can give an adult with a close, substantial relationship temporary care authority. The arrangement must serve the child’s best interest and follow other Pennsylvania law. Without the other parent’s agreement, care cannot exceed the deploying parent’s ordered or usual pre-notice time, plus necessary unusual travel. Courts can assign specific decision-making powers when deployment prevents the parent from using them. Courts must grant requested limited contact to a closely connected nonparent unless against the child’s best interest, consistent with Pennsylvania law. Either parent or the nonparent receiving rights can seek changes or termination based on the child’s best interest, subject to federal servicemember protections. Changes remain temporary; courts must end limited contact when the deploying parent requests it.
Courts can order temporary child support when a deployment order or parental agreement grants caretaking authority. The court must have jurisdiction under Pennsylvania’s interstate family-support law and follow other applicable state law. The law sets no support amount and does not require a support order.
Craig Williams
Republican • House
Brenda M. Pugh
Republican • House
Bud Cook
Republican • House
Charity Grimm Krupa
Republican • House
Craig T. Staats
Republican • House
David H. Rowe
Republican • House
Donna Scheuren
Republican • House
Jacob D. Banta
Republican • House
Jamie L. Flick
Republican • House
Jeremy Shaffer
Republican • House
John A. Lawrence
Republican • House
Kathleen C. Tomlinson
Republican • House
Keith S. Harris
Democratic • House
Mark M. Gillen
Republican • House
Milou Mackenzie
Republican • House
Tarik Khan
Democratic • House
Timothy R. Bonner
Republican • House
All Roll Calls
Yes: 278 • No: 0
committee vote • 9/9/2025
13 0
Yes: 13 • No: 0
House vote • 6/26/2025
House Bill 414 PN0390, FINAL PASSAGE
Yes: 202 • No: 0
committee vote • 6/25/2025
37 0
Yes: 37 • No: 0
committee vote • 3/12/2025
26 0
Yes: 26 • No: 0
Act No. 40 of 2025
Approved by the Governor
Presented to the Governor
Signed in Senate
Signed in House
Third consideration and final passage (48-0)
Re-reported as committed
Re-referred to Appropriations
Second consideration
First consideration
Reported as committed
Referred to Judiciary
Third consideration and final passage (202-0)
Re-reported as committed
Re-committed to Appropriations
Second consideration
Removed from table
Laid on the table
First consideration
Reported as committed
Referred to Judiciary
PN 390
1/30/2025
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