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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4201 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 4201

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2012

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT

 
    To amend the Servicemembers Civil Relief Act to provide for the 
protection of child custody arrangements for parents who are members of 
                           the Armed Forces.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemember Family Protection 
Act''.

SEC. 2. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR PARENTS WHO ARE 
              MEMBERS OF THE ARMED FORCES.

    (a) Child Custody Protection.--Title II of the Servicemembers Civil 
Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end 
the following new section:

``SEC. 208. CHILD CUSTODY PROTECTION.

    ``(a) Restriction on Temporary Custody Order.--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, then the court shall require that upon the return of the 
servicemember from deployment, the custody order that was in effect 
immediately preceding the temporary order shall be reinstated, unless 
the court finds that such a reinstatement is not in the best interest 
of the child, except that any such finding shall be subject to 
subsection (b).
    ``(b) Exclusion of Military Service From 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, in determining the best interest of 
the child.
    ``(c) No Federal Right of Action.--Nothing in this section shall 
create a Federal right of action.
    ``(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 for a period of 
longer than 60 days and not longer than 18 months 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.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to title 
II the following new item:

``208. Child custody protection.''.

            Passed the House of Representatives May 30, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```