[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4469 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4469

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 2010

  Mr. Turner introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Servicemembers Civil Relief Act to provide for 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 the court finds 
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 the court 
finds that such a reinstatement is not in the best interest of the 
child, except that any such finding shall be subject to subsection (c).
    ``(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) No Federal Right of Action.--Nothing in this section shall 
create a Federal right of action.
    ``(e) Preemption.--In any case where State or Federal law 
applicable to a child custody proceeding under State or Federal law 
provides a higher standard of protection to the rights of the parent 
who is a servicemember than the rights provided under this section, the 
State or Federal court shall apply the State or Federal standard.
    ``(f) 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.''.
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