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2008 SESSION

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SB 188 Military Parents Equal Protection Act; created.

Introduced by: Mark R. Herring | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Virginia Military Parents Equal Protection Act; creation. Allows a court to enter a temporary order modifying custody or visitation based on a parent's deployment. Upon the motion of the deploying parent returning from deployment, the court shall hold an expedited hearing within 30 days. At the hearing, the nondeploying parent bears the burden of showing that reentry of the custody or visitation order in effect before the deployment is no longer in the child's best interests. The bill also requires that any temporary custody or visitation order entered pursuant to this Act shall provide that (i) the nondeploying parent shall reasonably accommodate the leave schedule of the deploying parent, (ii) the nondeploying parent shall facilitate telephonic and electronic mail contact between the child and the deploying parent, and (iii) the deploying parent shall provide timely information regarding his leave schedule to the nondeploying parent. This bill incorporates SB 170.

SUMMARY AS PASSED SENATE:

Virginia Military Parents Equal Protection Act; creation.  Creates the Virginia Military Parents Equal Protection Act which limits a court's ability to permanently modify orders regarding the custody or visitation of a child. The bill provides that a parent's deployment for military service shall not, by itself, constitute a material change in circumstances warranting a permanent modification of a custody or visitation order. A court may enter a temporary order modifying custody or visitation based on a parent's deployment. Upon the motion of the deploying parent returning from deployment, the court shall hold an expedited hearing within 30 days. At the hearing, the nondeploying parent bears the burden of showing that reentry of the custody or visitation order in effect before the deployment is no longer in the child's best interests. The bill also requires that any temporary custody or visitation order entered pursuant to this Act shall provide that (i) the nondeploying parent shall reasonably accommodate the leave schedule of the deploying parent, (ii) the nondeploying parent shall facilitate telephonic and electronic mail contact between the child and the deploying parent, and (iii) the deploying parent shall provide timely information regarding his leave schedule to the deploying parent. This bill incorporates SB 170.

SUMMARY AS INTRODUCED:

Virginia Military Parents Equal Protection Act; creation.  Creates the Virginia Military Parents Equal Protection Act which limits a court's ability to permanently modify orders regarding the custody, visitation, or support of a child due to changed circumstances resulting from one parent's military service. Any modifications made to such orders are only effective for the length of the parent's military service. The bill defines military service as a combat deployment, contingency operation, or natural disaster requiring the use of orders that do not permit any family member to accompany a parent who is in the military. The bill also imposes a duty on the parent not in the military to accommodate the rights and leave schedule of the other parent.