IIB 
110TH CONGRESS 
2D SESSION 
H. R. 6048 
IN THE SENATE OF THE UNITED STATES 
MAY 21, 2008 
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 par-
ents who are members of the Armed Forces deployed 
in support of a contingency operation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES DEPLOYED IN SUPPORT 
OF A CONTINGENCY OPERATION. 
(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 CHANGE OF CUSTODY.—If a 
motion for change of custody of a child of a servicemember 
is filed while the servicemember is deployed in support of 
a contingency operation, no court may enter an order 
modifying or amending any previous judgment or order, 
or issue a new order, that changes the custody arrange-
ment for that child that existed as of the date of the de-
ployment of the servicemember, except that a court may 
enter a temporary custody order if there is clear and con-
vincing evidence that it is in the best interest of the child. 
‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre-
ceding covered under subsection (a), a court shall require 
that, upon the return of the servicemember from deploy-
ment in support of a contingency operation, the custody 
order that was in effect immediately preceding the date 
of the deployment of the servicemember is reinstated, un-
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less there is clear and convincing evidence that such a re-
instatement is not in the best interest of the child. 
‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE-
TERMINATION OF CHILD’S BEST INTEREST.—If a motion 
for the change of custody of the child of a servicemember 
is filed, no court may consider the absence of the 
servicemember by reason of deployment, or possibility of 
deployment, in determining the best interest of the child. 
‘‘(d) CONTINGENCY OPERATION DEFINED.—In this 
section, the term ‘contingency operation’ has the meaning 
given that term in section 101(a)(13) of title 10, United 
States Code, except that the term may include such other 
deployments as the Secretary may prescribe.’’. 
(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 20, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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