[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6048 Referred in Senate (RFS)]

  2d Session
                                H. R. 6048


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                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2008

Received; read twice and referred to the Committee on Veterans' Affairs

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                                 AN ACT


 
    To amend the Servicemembers Civil Relief Act to provide for the 
protection of child custody arrangements for parents who are members of 
    the Armed Forces deployed in support of a contingency operation.

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

SECTION 1. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE 
              MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A 
              CONTINGENCY OPERATION.

    (a) Child Custody Protection.--Title II of the Servicemembers Civil 
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end 
the following new section:

``SEC. 208. CHILD CUSTODY PROTECTION.

    ``(a) Restriction on Change of Custody.--If a motion for change of 
custody of a child of a servicemember is filed while the servicemember 
is deployed in support of a contingency operation, no court may enter 
an order modifying or amending any previous judgment or order, or issue 
a new order, that changes the custody arrangement for that child that 
existed as of the date of the deployment of the servicemember, except 
that a court may enter a temporary custody order if there is clear and 
convincing evidence that it is in the best interest of the child.
    ``(b) Completion of Deployment.--In any preceding covered under 
subsection (a), a court shall require that, upon the return of the 
servicemember from deployment in support of a contingency operation, 
the custody order that was in effect immediately preceding the date of 
the deployment of the servicemember is reinstated, unless there is 
clear and convincing evidence that such a reinstatement is not in the 
best interest of the child.
    ``(c) Exclusion of Military Service From Determination of Child's 
Best Interest.--If a motion for the change of custody of the child of a 
servicemember is filed, no court may consider the absence of the 
servicemember by reason of deployment, or possibility of deployment, in 
determining the best interest of the child.
    ``(d) Contingency Operation Defined.--In this section, the term 
`contingency operation' has the meaning given that term in section 
101(a)(13) of title 10, United States Code, except that the term may 
include such other deployments as the Secretary may prescribe.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to title 
II the following new item:

``208. Child custody protection.''.

            Passed the House of Representatives May 20, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.