IIA
105TH CONGRESS
2D SESSION
H. R. 4164
IN THE SENATE OF THE UNITED STATES
JULY 15, 1998
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To amend title 28, United States Code, with respect to
the enforcement of child custody and visitation orders.
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. 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,
judgments, orders of adoption, and orders dis-
missing 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—
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‘‘(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 prospec-
tive 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 per-
sons 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;’’.
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(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 follow-
ing:
‘‘(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
paragraph (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 ‘‘cus-
tody determination or visitation determination’’.
(10) Subsection (e) is amended—
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(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 par-
ent 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
environment;
‘‘(B) the nature of the relationship be-
tween the biological parent or parents and the
child;
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‘‘(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
attempted 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 jurisdic-
tion to modify such determination.
‘‘(i) In all contested custody proceedings, including
adoption proceedings, undertaken pursuant to this section,
all proceedings and appeals shall be expedited.
‘‘(j) In cases of conflicts between two or more States,
the district courts shall have jurisdiction to determine
which of conflicting custody determinations or visitation
determinations is consistent with the provisions of this
section or which State court is exercising jurisdiction con-
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sistently with the provisions of this section for purposes
of subsection (g).’’.
(14) Subsection (c)(2) is amended—
(A) by inserting ‘‘or her’’ after ‘‘his’’ each
place it appears; and
(B) by inserting ‘‘or she’’ after ‘‘he’’.
Passed the House of Representatives July 14, 1998.
Attest:
ROBIN H. CARLE,
Clerk.