I 111th CONGRESS 2d Session H. R. 4469 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.

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:

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. .