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ID S1300

Bill

Status

Introduced

2/9/2012

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Courts may only enter temporary modifications to existing child custody orders when a parent is deployed and modification is determined to be in the child's best interest under Idaho Code section 32-717.

  • Courts must provide expedited hearings when a deployed parent's military service affects their ability to appear at regularly scheduled custody modification hearings.

  • Courts must allow deployed parents to present testimony and evidence by electronic means (telephone, video teleconference, or internet) upon reasonable advance notice to the parties.

  • Upon petition after a parent completes deployment, courts must order reinstatement of the custody terms that were in effect immediately before deployment if the court determines it is in the child's best interest or if parties stipulate to reinstatement.

  • "Deployed" includes active duty, reserve, National Guard, and Coast Guard members with valid orders for combat, contingency, peacekeeping, temporary duty, or remote tours of duty, including those preparing to deploy and those awaiting travel or remaining deployed due to sickness, wounds, or leave.

Legislative Description

Adds to existing law relating to child custody and visitation involving deployed parents to provide that a court may only enter an order or decree temporarily modifying an existing child custody order under certain circumstances, to provide for expedited hearings and the presentation of testimony and evidence by electronic means under certain conditions, and to provide for the reinstatement of custody orders.

CHILD CUSTODY AND VISITATION

Last Action

to Jud

2/10/2012

Committee Referrals

Judiciary and Rules2/10/2012

Full Bill Text

No bill text available