AB 313

Under current law, in determining the legal custody of a child, a court may not

consider whether a service member has been or may be called into active duty and

consequently is or may be absent from his or her home. Under current law, “service

member” is defined as a member of the national guard or a reserve unit of the U.S.

armed forces. Under this bill, “service member,” for the purposes of determining

legal custody and physical placement of a child adds a member of the U.S. armed

forces or forces incorporated in the U.S. armed forces to the definition.

This bill also prohibits a court from denying a parent who is a service member

periods of physical placement with his or her child based on past or future

anticipated variability in his or her schedule, living arrangements, or location due

to service in the military.