SECTION 1. CHILD CUSTODY.
(a) SECTION 1738A(b)(2).—Section 1738A(b)(2) of
title 28, United States Code is amended by inserting ‘‘or
grandparent’’ after ‘‘parent’’.
(b) SECTION 1738A(b)(3).—Section 1738A(b)(3) is
amended by striking ‘‘or visitation’’ after ‘‘for the cus-
tody’’.
(c) SECTION 1738A(b)(5).—Section 1738A(b)(5) is
amended by striking ‘‘custody determination’’ each place
it occurs and inserting ‘‘custody or visitation determina-
tion’’.
(d) SECTION 1738A(b)(9).—Section 1738A(b) of
title 28, United States Code, is amended by striking ‘‘and’’
at the end of paragraph (7), by striking the period at the
end of paragraph (8) and inserting ‘‘; and’’, and by adding
after paragraph (8) the following:
‘‘(9) ‘visitation determination’ means a judg-
ment, decree, or other order of a court providing for
the visitation of a child and includes permanent and
temporary order and initial order and modifica-
tions.’’.
(e) SECTION 1738A(c).—Section 1738A(c) is amend-
ed by striking ‘‘custody determination’’ and inserting
‘‘custody or visitation determination’’.
(f)
SECTION
1738A(c)(2)(D).—Section
1738A(c)(2)(D) is amended by adding ‘‘or visitation’’
after ‘‘determine the custody’’.
(g)
SECTION
1738A(d).—Section
1738A(d)
is
amended striking ‘‘custody determination’’ and inserting
‘‘custody or visitation determination’’.
(g) SECTION 1738A(e).—Section 1738A(d) is amend-
ed striking ‘‘custody determination’’ and inserting ‘‘cus-
tody or visitation determination’’.
(g)
SECTION
1738A(g).—Section
1738A(d)
is
amended striking ‘‘custody determination’’ and inserting
‘‘custody or visitation determination’’.
(h) SECTION 1738A(h).—Section 1738A is amended
by adding at the end the following:
‘‘(h) A court of a State may not modify for a child
a determination of visitation of such child made by a court
of another State unless the court of the other State has
declined to exercise jurisdiction to modify such determina-
tion.’’.
SECTION 1. CHILD CUSTODY AND VISITATION DETERMINA-
TIONS.
Section 1738A of title 28, United States Code is
amended as follows:
(1) Subsection (a) is amended by striking ‘‘sub-
section (f) of this section, any child custody deter-
mination’’ and inserting ‘‘subsections (f) and (g) of
this section, any custody determination or visitation
determination’’.
(2) Subsection (b)(2) is amended by striking ‘‘a
parent’’ and inserting ‘‘, but not limited to, a parent
or grandparent or, in cases involving a contested
adoption, a person acting as a parent’’.
(3) Subsection (b)(3) is amended—
(A) by striking ‘‘or visitation’’;
(B) by striking ‘‘and’’ before ‘‘initial or-
ders’’; and
(C) by inserting before the semicolon at the
end the following: ‘‘, and includes decrees, judg-
ments, orders of adoption, and orders dismissing
or denying petitions for adoption’’.
(4) Subsection (b)(4) is amended to read as fol-
lows:
‘‘(4)(A) except as provided in subparagraph (B),
‘home State’ means—
‘‘(i) the State in which, immediately pre-
ceding the time involved, the child lived with his
or her parents, a parent, or a person acting as
a parent, with whom the child has been living
for at least six consecutive months, a prospective
adoptive parent, or an agency with legal custody
during a proceeding for adoption, and
‘‘(ii) in the case of a child less than six
months old, the State in which the child lived
from birth, or from soon after birth,
and periods of temporary absence of any such persons
are counted as part of such 6-month or other period;
and
‘‘(B) in cases involving a proceeding for adop-
tion, ‘home State’ means the State in which—
‘‘(i) immediately preceding commencement
of the proceeding, not including periods of tem-
porary absence, the child is in the custody of the
prospective adoptive parent or parents;
‘‘(ii) the child and the prospective adoptive
parent or parents are physically present and the
prospective adoptive parent or parents have lived
for at least six months; and
‘‘(iii) there is substantial evidence available
concerning the child’s present or future care;’’.
(5) Subsection (b)(5) is amended by inserting
‘‘or visitation determination’’ after ‘‘custody deter-
mination’’ each place it appears.
(6) Subsection (b) is amended by striking ‘‘and’’
at the end of paragraph (7), by striking the period at
the end of paragraph (8) and inserting ‘‘; and’’, and
by adding after paragraph (8) the following:
‘‘(9) ‘visitation determination’ means a judg-
ment, decree, or other order of a court providing for
the visitation of a child and includes permanent and
temporary orders and initial orders and modifica-
tions.’’.
(7) Subsection (c) is amended by striking ‘‘child
custody determination’’ in the matter preceding para-
graph (1) and inserting ‘‘custody determination or
visitation determination’’.
(8) Subsection (c)(2)(D) is amended by adding
‘‘or visitation’’ after ‘‘determine the custody’’.
(9) Subsection (d) is amended by striking ‘‘child
custody determination’’ and inserting ‘‘custody deter-
mination or visitation determination’’.
(10) Subsection (e) is amended—
(A) by striking ‘‘child custody determina-
tion’’ and inserting ‘‘custody determination or
visitation determination’’; and
(B) by striking ‘‘a child’’ and inserting ‘‘the
child concerned’’.
(11) Subsection (f) is amended—
(A) by striking ‘‘determination of the cus-
tody of the same child’’ and inserting ‘‘custody
determination’’;
(B) in paragraph (1) by striking ‘‘child’’
and by striking ‘‘and’’ after the semicolon;
(C) in paragraph (2) by striking the period
and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(3) in cases of contested adoption in which the
child has resided with the prospective adoptive parent
or parents for at least six consecutive months, the
court finds by clear and convincing evidence that the
court of the other State failed to consider—
‘‘(A) the extent of the detriment to the child
in being moved from the child’s custodial envi-
ronment;
‘‘(B) the nature of the relationship between
the biological parent or parents and the child;
‘‘(C) the nature of the relationship between
the prospective adoptive parent or parents and
the child; and
‘‘(D) the recommendation of the child’s legal
representative or guardian ad litem.
This subsection shall apply only if the party seeking a new
hearing has acted in good faith and has not abused or at-
tempted to abuse the legal process.’’.
(12) Subsection (g) is amended by inserting ‘‘or
visitation determination’’ after ‘‘custody determina-
tion’’ each place it appears.
(13) Section 1738A is amended by adding at the
end the following:
‘‘(h) A court of a State may not modify a visitation
determination made by a court of another State unless the
court of the other State has declined to exercise jurisdiction
to modify such determination.
‘‘(i) In cases of conflicts between 2 or more States, the
district courts shall have jurisdiction to determine which
of conflicting custody determinations or visitation deter-
minations is consistent with the provisions of this section
or which State court is exercising jurisdiction consistently
with the provisions of this section for purposes of subsection
(g).’’.
(14) Section 1738A(c)(2) is amended—
(A) by inserting ‘‘or her’’ after ‘‘his’’ each
place it appears; and
(B) by inserting ‘‘or she’’ after ‘‘he’’.
Amend the title so as to read: ‘‘A bill to amend title
28, United States Code, with respect to the enforcement
of child custody and visitation orders.’’.
Union Calendar No. 309
105TH CONGRESS
2D SESSION
H. R. 1690
[Report No. 105–546]
A BILL
To amend title 28 of the United States Code
regarding enforcement of child custody orders.
MAY 21, 1998
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed