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Code · STATUTE-COMPILATIONS · Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 · Sec. 566

Sec. 566. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE MEMBERS OF THE ARMED FORCES

434 words·~2 min read·/statute-compilations/comps-11977/sec-566

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## SEC. 566 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: > > ## “SEC. 208 CHILD CUSTODY PROTECTION > > > ### “(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.” > . ###
(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:" “Sec. 208. Child custody protection.” ".
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