[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1690 Reported in House (RH)]






                                                 Union Calendar No. 309
105th CONGRESS
  2d Session
                                H. R. 1690

                          [Report No. 105-546]

 To amend title 28 of the United States Code regarding enforcement of 
                         child custody orders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 1997

 Mr. Andrews introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                              May 21, 1998

  Additional sponsors: Mr. Cook, Mr. Clement, Mr. Green, and Mr. Coble

                              May 21, 1998

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend title 28 of the United States Code regarding enforcement of 
                         child custody orders.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. CHILD CUSTODY.</DELETED>

<DELETED>    (a) Section 1738A(b)(2).--Section 1738A(b)(2) of title 28, 
United States Code is amended by inserting ``or grandparent'' after 
``parent''.</DELETED>
<DELETED>    (b) Section 1738A(b)(3).--Section 1738A(b)(3) is amended 
by striking ``or visitation'' after ``for the custody''.</DELETED>
<DELETED>    (c) Section 1738A(b)(5).--Section 1738A(b)(5) is amended 
by striking ``custody determination'' each place it occurs and 
inserting ``custody or visitation determination''.</DELETED>
<DELETED>    (d) Section 1738A(b)(9).--Section 1738A(b) of title 28, 
United States Code, is amended by striking ``and'' at the end of 
paragraph (7), by striking the period at the end of paragraph (8) and 
inserting ``; and'', and by adding after paragraph (8) the 
following:</DELETED>
        <DELETED>    ``(9) `visitation determination' means a judgment, 
        decree, or other order of a court providing for the visitation 
        of a child and includes permanent and temporary order and 
        initial order and modifications.''.</DELETED>
<DELETED>    (e) Section 1738A(c).--Section 1738A(c) is amended by 
striking ``custody determination'' and inserting ``custody or 
visitation determination''.</DELETED>
<DELETED>    (f) Section 1738A(c)(2)(D).--Section 1738A(c)(2)(D) is 
amended by adding ``or visitation'' after ``determine the 
custody''.</DELETED>
<DELETED>    (g) Section 1738A(d).--Section 1738A(d) is amended 
striking ``custody determination'' and inserting ``custody or 
visitation determination''.</DELETED>
<DELETED>    (g) Section 1738A(e).--Section 1738A(d) is amended 
striking ``custody determination'' and inserting ``custody or 
visitation determination''.</DELETED>
<DELETED>    (g) Section 1738A(g).--Section 1738A(d) is amended 
striking ``custody determination'' and inserting ``custody or 
visitation determination''.</DELETED>
<DELETED>    (h) Section 1738A(h).--Section 1738A is amended by adding 
at the end the following:</DELETED>
<DELETED>    ``(h) A court of a State may not modify for a child a 
determination of visitation of such child made by a court of another 
State unless the court of the other State has declined to exercise 
jurisdiction to modify such determination.''.</DELETED>

SECTION 1. CHILD CUSTODY AND VISITATION DETERMINATIONS.

    Section 1738A of title 28, United States Code is amended as 
follows:
            (1) Subsection (a) is amended by striking ``subsection (f) 
        of this section, any child custody determination'' and 
        inserting ``subsections (f) and (g) of this section, any 
        custody determination or visitation determination''.
            (2) Subsection (b)(2) is amended by striking ``a parent'' 
        and inserting ``, but not limited to, a parent or grandparent 
        or, in cases involving a contested adoption, a person acting as 
        a parent''.
            (3) Subsection (b)(3) is amended--
                    (A) by striking ``or visitation'';
                    (B) by striking ``and'' before ``initial orders''; 
                and
                    (C) by inserting before the semicolon at the end 
                the following: ``, and includes decrees, judgments, 
                orders of adoption, and orders dismissing or denying 
                petitions for adoption''.
            (4) Subsection (b)(4) is amended to read as follows:
            ``(4)(A) except as provided in subparagraph (B), `home 
        State' means--
                    ``(i) the State in which, immediately preceding the 
                time involved, the child lived with his or her parents, 
                a parent, or a person acting as a parent, with whom the 
                child has been living for at least six consecutive 
                months, a prospective adoptive parent, or an agency 
with legal custody during a proceeding for adoption, and
                    ``(ii) in the case of a child less than six months 
                old, the State in which the child lived from birth, or 
                from soon after birth,
        and periods of temporary absence of any such persons are 
        counted as part of such 6-month or other period; and
            ``(B) in cases involving a proceeding for adoption, `home 
        State' means the State in which--
                    ``(i) immediately preceding commencement of the 
                proceeding, not including periods of temporary absence, 
                the child is in the custody of the prospective adoptive 
                parent or parents;
                    ``(ii) the child and the prospective adoptive 
                parent or parents are physically present and the 
                prospective adoptive parent or parents have lived for 
                at least six months; and
                    ``(iii) there is substantial evidence available 
                concerning the child's present or future care;''.
            (5) Subsection (b)(5) is amended by inserting ``or 
        visitation determination'' after ``custody determination'' each 
        place it appears.
            (6) Subsection (b) is amended by striking ``and'' at the 
        end of paragraph (7), by striking the period at the end of 
        paragraph (8) and inserting ``; and'', and by adding after 
        paragraph (8) the following:
            ``(9) `visitation determination' means a judgment, decree, 
        or other order of a court providing for the visitation of a 
        child and includes permanent and temporary orders and initial 
        orders and modifications.''.
            (7) Subsection (c) is amended by striking ``child custody 
        determination'' in the matter preceding paragraph (1) and 
        inserting ``custody determination or visitation 
        determination''.
            (8) Subsection (c)(2)(D) is amended by adding ``or 
        visitation'' after ``determine the custody''.
            (9) Subsection (d) is amended by striking ``child custody 
        determination'' and inserting ``custody determination or 
        visitation determination''.
            (10) Subsection (e) is amended--
                    (A) by striking ``child custody determination'' and 
                inserting ``custody determination or visitation 
                determination''; and
                    (B) by striking ``a child'' and inserting ``the 
                child concerned''.
            (11) Subsection (f) is amended--
                    (A) by striking ``determination of the custody of 
                the same child'' and inserting ``custody 
                determination'';
                    (B) in paragraph (1) by striking ``child'' and by 
                striking ``and'' after the semicolon;
                    (C) in paragraph (2) by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) in cases of contested adoption in which the child has 
        resided with the prospective adoptive parent or parents for at 
        least six consecutive months, the court finds by clear and 
        convincing evidence that the court of the other State failed to 
        consider--
                    ``(A) the extent of the detriment to the child in 
                being moved from the child's custodial environment;
                    ``(B) the nature of the relationship between the 
                biological parent or parents and the child;
                    ``(C) the nature of the relationship between the 
                prospective adoptive parent or parents and the child; 
                and
                    ``(D) the recommendation of the child's legal 
                representative or guardian ad litem.
This subsection shall apply only if the party seeking a new hearing has 
acted in good faith and has not abused or attempted to abuse the legal 
process.''.
            (12) Subsection (g) is amended by inserting ``or visitation 
        determination'' after ``custody determination'' each place it 
        appears.
            (13) Section 1738A is amended by adding at the end the 
        following:
    ``(h) A court of a State may not modify a visitation determination 
made by a court of another State unless the court of the other State 
has declined to exercise jurisdiction to modify such determination.
    ``(i) In cases of conflicts between 2 or more States, the district 
courts shall have jurisdiction to determine which of conflicting 
custody determinations or visitation determinations is consistent with 
the provisions of this section or which State court is exercising 
jurisdiction consistently with the provisions of this section for 
purposes of subsection (g).''.
            (14) Section 1738A(c)(2) is amended--
                    (A) by inserting ``or her'' after ``his'' each 
                place it appears; and
                    (B) by inserting ``or she'' after ``he''.

            Amend the title so as to read: ``A bill to amend title 28, 
        United States Code, with respect to the enforcement of child 
        custody and visitation orders.''.
                                     





                                                 Union Calendar No. 309

105th CONGRESS

  2d Session

                               H. R. 1690

                          [Report No. 105-546]

_______________________________________________________________________

                                 A BILL

 To amend title 28 of the United States Code regarding enforcement of 
                         child custody orders.

_______________________________________________________________________

                              May 21, 1998

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed