H.R. 4201 (112th): Servicemember Family Protection Act

112th Congress, 2011–2013. Text as of Mar 16, 2012 (Introduced).

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I

112th CONGRESS

2d Session

H. R. 4201

IN THE HOUSE OF REPRESENTATIVES

March 16, 2012

(for himself and Mr. Andrews) 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 the protection of child custody arrangements for parents who are members of the Armed Forces.

1.

Short title

This Act may be cited as the Servicemember Family Protection Act.

2.

Protection of child custody arrangements for parents who are members of the Armed Forces

(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 temporary custody order

If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, then the court shall require that upon the return of the servicemember from deployment, the custody order that was in effect immediately preceding the temporary order shall be 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 (b).

(b)

Exclusion of Military Service from Determination of Child’s Best Interest

If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, in determining the best interest of the child.

(c)

No federal right of action

Nothing in this section shall create a Federal right of action.

(d)

Preemption

In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.

(e)

Deployment Defined

In this section, the term deployment means the movement or mobilization of a servicemember for a period of longer than 60 days and not longer than 18 months pursuant to temporary or permanent official orders—

(1)

that are designated as unaccompanied;

(2)

for which dependent travel is not authorized; or

(3)

that otherwise do not permit the movement of family members to that location.

.

(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.

.