[Congressional Record Volume 153, Number 99 (Tuesday, June 19, 2007)]
[Senate]
[Page S7900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG:
  S. 1658. A bill to amend the Servicemembers Civil Relief Act to 
provide protection for child custody arrangements for parents who are 
members of the Armed Forces deployed in support of a contingency 
operation; to the Committee on Veterans' Affairs.
  Mr. GREGG. Mr. President, I rise today to speak about several of the 
personal problems currently being experienced by some military families 
due to the deployment of one or both parents and to introduce three 
pieces of legislation, the language of which is included in the 
recently passed House of Representatives Defense authorization bill, 
which are designed to help alleviate those problems.
  But first, I would like to express my sincere thanks to the fathers 
and mothers, husbands and wives, sisters and brothers, and the sons and 
daughters of our Nation, who in these very tumultuous and dangerous 
times have volunteered to join our Armed Forces and serve our country 
around the world. In December 1776, another of the tumultuous times for 
our Nation, Thomas Paine wrote ``These are the times that try men's 
souls: The summer soldier and the sunshine patriot will, in this 
crisis, shrink from the service of his country; but he that stands it 
now, deserves the love and thanks of man and woman.'' Our modern day 
Patriots, who are now serving in the Army, Navy, Marine Corps, Air 
Force and Coast Guard, also heard and answered our country's call and 
they surely deserve the love and thanks of our Nation.
  In some cases, while a military parent is deployed overseas, courts 
have overturned custody arrangements of their child or children; this 
while the deployed military custodial parent was unable to appear 
before the court. The first piece of legislation, S. 1658, would 
provide protection of child custody arrangements for Armed Forces 
parents who are deployed in contingency operations. The legislation 
states that 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 child custody arrangement that existed as of the deployment 
date. An exception is allowed whereby the court may enter a temporary 
custody order if there is clear and convincing evidence that it is in 
the best interest of the child. Additionally, if a motion for the 
change of custody of the child of a servicemember who was deployed in 
support of a contingency operation is filed after the end of the 
deployment, no court may consider the absence of the servicemember by 
reason of that deployment in determining the best interest of the 
child.
  The second piece of legislation, S. 1659, is intended to preclude 
some of the tension and anxiety that a child may suffer from the 
simultaneous deployment of both parents, as well as the grief that 
would result if both those parents were to lose their lives while 
simultaneously deployed. This bill would provide a limitation on 
simultaneous deployment to combat zones of dual-military couples who 
have minor dependents. It states that in the case of a member of the 
Armed Forces with minor dependents who has a spouse who is also a 
member of the Armed Forces, and the spouse is deployed in an area for 
which imminent danger pay is authorized, the member may request a 
deferment of a deployment to such an area until the spouse returns from 
such deployment.
  And the third piece of legislation, S. 1660, would initiate studies 
that could hopefully lead to improved support services for families of 
members of the National Guard and Reserve who are undergoing 
deployment. This legislation would direct the Secretary of Defense to 
conduct a study of possible methods to enhance support services for 
children of members of the National Guard and Reserve who are deployed. 
Additionally, the legislation would require the Pentagon to carry out a 
study on establishment of a program on family-to-family support for 
families of deployed members of the National Guard and Reserve.
  Mr. President, I ask that my fellow Senators consider these bills.
                                 ______