Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · STATUTE-COMPILATIONS · Servicemembers Civil Relief Act · Sec. 208

Sec. 208. CHILD CUSTODY PROTECTION

321 words·~1 min read·/statute-compilations/comps-11140/sec-208

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 208 CHILD CUSTODY PROTECTION **[**[50 U.S.C. 3938](/us/usc/t50/s3938)**]** ###
(a)Duration of Temporary Custody Order Based on Certain Deployments 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)Limitation on Consideration of Member's Deployment in 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, as the sole factor in determining the best interest of the child. ###
(c)No Federal Jurisdiction or Right of Action or Removal 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)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 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. # TITLE III RENT, INSTALLMENT CONTRACTS, MORTGAGES, LIENS, ASSIGNMENT, LEASES, COMMUNICATIONS SERVICE CONTRACTS
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 208
CHILD CUSTODY PROTECTION
Cites 1Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.