Us Code § 3938 - Child custody protection
Full text of Us Code United States Code § 3938 — Child custody protection, with citation guidance and answers to common questions.
§ 3938. 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.
(Oct. 17, 1940, ch. 888, title II, §208, as added Pub. L. 113–291, div. A, title V, §566(a), Dec. 19, 2014, 128 Stat. 3384.)
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.
About This Section
50 U.S.C. § 3938 is part of Title 50 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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