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50 U.S.C. § 3951 — Child custody protection
Federal law — U.S. Code and appendices · legal_authorities
**(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 loc
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Stable record: federal_law:legal_authorities:record_usc_ddf62c34b8bbc0282b3a7e7b
Source file: Laws/federal/codes/united-states-code/title-50/section-3951-child-custody-protection--bfc27e8a71.md
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Source location: Title 50, Chapter 50, § 3951; chapter-050-servicemembers-civil-relief.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of section** This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—
(1) is in military service or is within 90 days after termination of or release from military service; and
(2) has received notice of the action or proceeding.
**(b) Stay of proceedings**
(1) **Authority for stay** — At any stage before final judgment in a civil action or proceeding in which a servicemember described in subsection (a) is a party, the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days, if the conditions in paragraph (2) are met.
(2) **Conditions for stay** — An application for a stay under paragraph (1) shall include the following:
(A) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember’s ability to appear and stating a date when the servicemember will be available to appear.
(B) A letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.
**(c) Application not a waiver of defenses** An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction).
**(d) Additional stay**
(1) **Application** — A servicemember who is granted a stay of a civil action or proceeding under subsection (b) may apply
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3934
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Federal law — U.S. Code and appendices · legal_authorities
Page 996
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3938
subsection (e) are in addition to and do not preclude
any other remedy available under law to a person
claiming relief under this section, including any award
for consequential or punitive damages.’’
2008—Subsec. (a)(1). Pub. L. 110–289, § 2203(b)(1), sub-
stituted ‘‘in excess of 6 percent—’’ for ‘‘in excess of 6
percent per year during the period of military service.’’
and added subpars. (A) and (B).
Subsec. (d). Pub. L. 110–289, § 2203(b)(2), added subsec.
(d) and struck out former subsec. (d). Prior to amend-
ment, text read as follows: ‘‘As used in this section, the
term ‘interest’ includes service charges, renewal
charges, fees, or any other charges (except bona fide in-
surance) with respect to an obligation or liability.’’
Subsecs. (e), (f). Pub. L. 110–389 added subsecs. (e) and
(f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable to any case not final before Dec.
19, 2003, see section 3 of Pub. L. 108–189, set out as a
note under section 3901 of this title.
§ 3938. Child custody protection
(a) Duration of temporary custody order based
on certain deployments
If a court renders a temporary order for custo-
dial responsibility for a child based solely on a
deployment or anticipated deployment of a par-
ent who is a servicemember, the court shall re-
quire that the temporary order shall expire not
later than the period justified by the deploy-
ment of the servicemember.
(b) Limitation on consideration of member’s de-
ployment in determination of child’s best in-
terest
If a motion or a petition is filed seeking a per-
manent order to modify the custody of the child
of a servicemember, no court may consider the
absence of the servicemember by reason of de-
ployment,
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3951
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.