Custody and physical placement matters when a party is a service member

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Current law contains some specific provisions that apply to actions relating to custody or physical placement of a child when a party in the action is a service member. For these purposes, "service member" is defined as a member of the national guard or of a reserve unit of the U.S. armed forces. Under current law, in an action affecting the family, such as a divorce, the court may not consider as a factor in determining legal custody of a child, or in determining whether to modify an existing order of legal custody, whether a service member party has been or may be called away to active duty in the U.S. armed forces. Also under current law, if a court modifies an order of physical placement on the basis that a service member party has been or will be called to active duty in the U.S. armed forces, the modification order must require that the allocation of periods of physical placement or physical placement schedule that was in effect before the modification be reinstated when the service member is discharged from active duty.

This bill prohibits a court from modifying a legal custody order if a party is a service member while the service member is on active duty in the U.S. armed forces.

Who's behind it

4 representatives are its authors⁠. 3 are Democrats and 1 is a Republican.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment AA1-AB66
• LC Amendment Memo