For Immediate Release
April 30, 2008
Contact: Joe Sterns
717-787-5708
(Cell) 717-497-0806
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Senate Passes Folmer's Measure Protecting Child Custody Rights of Deployed Servicemen 

HARRISBURG (April 30, 2008) – The State Senate has unanimously passed Sen. Mike Folmer's (R-Lebanon) legislation protecting the child custody rights of deployed military servicemen. 

"Fighting for your country should not result in losing custody of your children," Folmer said. 

Under Folmer's legislation, if a motion for change of custody of a child of a serviceman is filed with any court while the serviceman is deployed for active duty, no court may enter an order modifying or amending any previous judgment or order, or issue a new order changing the custody arrangement for that child that existed as of the date of the serviceman's deployment. 

If a custody order is changed, a court must require that upon the return of the serviceman from deployment that the custody order in effect immediately preceding the date of the deployment be reinstated.  The court may not consider the absence of the eligible serviceman by reason of the deployment in determining the best interest of the child.

The failure of a serviceman to appear in court because of deployment could not be sufficient to justify a modification of a custody or visitation order. 

The legislation – Senate Bill 1107 – will now go to the House for consideration.