§3938 — Title 50 War and National Defense | U.S. Code

Summary

If a temporary child custody order is based only on a parent's deployment, the court must make that order end by the time the deployment justifies. If someone asks to change custody permanently, a court cannot use a servicemember’s deployment or possible deployment as the only reason to decide what is best for the child. This does not create a new federal right to sue or let cases be moved into federal court. If state law gives more protection to the deploying parent, the court must follow the state rule. Deployment means a move lasting more than 60 days and up to 540 days under orders that are unaccompanied, do not allow dependent travel, or prevent family members from going.

Title 50, §3938

War and National Defense — Source: USLM XML via OLRC

(a)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, the court shall require that the temporary order shall expire not later than the period justified by the deployment of the servicemember.

(b)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, as the sole factor in determining the best interest of the child.

(c)Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.

(d)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)In this section, the term “deployment” means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days 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.

Editorial Notes

Codification Section was formerly classified to section 528 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

§3938 Child custody protection

Summary

Title 50, §3938

Notes & Related Subsidiaries

Editorial Notes

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