{"identifier":"/us/usc/t50/s3938","title":50,"num":"\u00a7\u202f3938.","heading":"Child custody protection","text":"\u00a7\u202f3938.\nChild custody protection\n(a)\nDuration of temporary custody order based on certain deployments\nIf 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.\n(b)\nLimitation on consideration of member\u2019s deployment in determination of child\u2019s best interest\nIf 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.\n(c)\nNo Federal jurisdiction or right of action or removal\nNothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.\n(d)\nPreemption\nIn 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.\n(e)\nDeployment defined\nIn this section, the term \u201cdeployment\u201d 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\u2014\n(1) that are designated as unaccompanied;\n(2) for which dependent travel is not authorized; or\n(3) that otherwise do not permit the movement of family members to that location.","url":"https://projectusc.org/usc/t50/s3938.html","content":[{"t":"sec","id":"/us/usc/t50/s3938","children":[{"t":"num","text":"\u00a7\u202f3938."},{"t":"heading","text":"Child custody protection"},{"t":"subsec","id":"/us/usc/t50/s3938/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Duration of temporary custody order based on certain deployments"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s3938/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Limitation on consideration of member\u2019s deployment in determination of child\u2019s best interest"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s3938/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"No Federal jurisdiction or right of action or removal"},{"t":"content","children":[{"t":"p","text":"Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s3938/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Preemption"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t50/s3938/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Deployment defined"},{"t":"chapeau","text":"In this section, the term \u201cdeployment\u201d 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\u2014"},{"t":"para","id":"/us/usc/t50/s3938/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" that are designated as unaccompanied;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3938/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" for which dependent travel is not authorized; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s3938/e/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" that otherwise do not permit the movement of family members to that location.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}