§ 4602. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Adult." An individual who has attained 18 years of age or an emancipated minor.

"Caretaking authority." The right to live with and care for a child on a day-to-day basis. The term includes physical custody, partial physical custody, primary physical custody, parenting time and right to access and visitation.

"Child." An:

(1)unemancipated individual who has not attained 18 years of age; or

(2)adult son or daughter by birth or adoption, or under law of this Commonwealth other than this chapter, who is the subject of a court order concerning custodial responsibility.

"Close and substantial relationship." A relationship in which a significant bond exists between a child and:

(1)the spouse of a deploying parent of the child or an individual who, by blood, marriage or adoption, is the child's sibling, aunt, uncle, cousin or grandparent; or

(2)if no one under paragraph

(1)exists, either of the following:

(i)an adult who had primary care or physical custody of the child for 60 or more continuous days during the immediately preceding 12 months; or

(ii)an adult who had primary care or physical custody of the child for at least 730 days during the immediately preceding five years.

"Court." A tribunal authorized under law of this Commonwealth other than this chapter to make, enforce or modify a decision regarding custodial responsibility.

"Custodial responsibility." The term includes:

(1)Powers and duties relating to caretaking authority and legal custody for a child.

(2)Physical custody, legal custody, parenting time, right to access and authority to grant limited contact with a child.

"Deploying parent." A parent who:

(1)is a service member; and

(2)is deployed or has been notified of impending deployment.

"Deployment." As follows:

(1)The movement or mobilization of a service member, other than for training, to a location for at least 30 consecutive days under official orders which:

(i)are designated as unaccompanied;

(ii)do not authorize dependent travel; or

(iii)otherwise do not permit the movement of family members to the service member's location.

(2)The term "deployed" has a corresponding meaning.

"Family member." An individual included in the definition of "family members" in 23 Pa.C.S. § 6303 (relating to definitions).

"Legal custody." As defined in 23 Pa.C.S. § 5322 (relating to definitions).

"Limited contact." The authority of a nonparent to visit a child for a limited time. The term includes partial custody and authority to take the child to a place other than the residence of the child.

"Parent." An individual:

(1)who is a parent of a child under law of this Commonwealth other than this chapter; or

(2)who:

(i)has custodial responsibility for a child under 23 Pa.C.S. § 5323 (relating to award of custody) or former 23 Pa.C.S. Ch. 53 Subch. A (relating to general provisions); and

(ii)is not an individual described in paragraph (1).

"Partial physical custody." As defined in 23 Pa.C.S. § 5322.

"Physical custody." As defined in 23 Pa.C.S. § 5322.

"Primary physical custody." As defined in 23 Pa.C.S. § 5322.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Return from deployment." The conclusion of a service member's deployment as specified in official orders.

"Service member." An individual who meets all of the following:

(1)Is a member of:

(i)the active or reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States;

(ii)the United States merchant marine, the Commissioned Corps of the Public Health Service of the Department of Health and Human Services or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States; or

(iii)the National Guard or Pennsylvania National Guard.

(2)Is deployed.

"Sign." With present intent to authenticate or adopt a record:

(1)to execute or adopt a tangible symbol; or

(2)to attach to or logically associate with the record an electronic symbol, sound or process.

"State." A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

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