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ID S1380
Bill
Status
3/20/2012
Primary Sponsor
Judiciary and Rules Committee
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AI Summary
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Creates new Idaho Code Section 32-720 establishing procedures for child custody modification petitions involving deployed servicemembers subject to the Servicemembers Civil Relief Act (50 U.S.C. App. section 501 et seq.).
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Allows courts to enter only temporary custody modifications during a servicemember's deployment period, with the order expiring 21 days after notification of the servicemember's deployment completion.
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Permits expedited or emergency hearings within 21 days if a motion alleges immediate danger of irreparable harm to the child, and extends temporary orders until the court rules on such motions.
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Authorizes expedited hearings when deployment affects a servicemember's ability to appear at scheduled custody modification hearings.
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Allows servicemembers to present testimony and evidence by electronic means (telephone, video teleconference, or internet) if deployment prevents in-person appearance and such presentation does not prejudice the servicemember's ability to adequately present their case.
Legislative Description
Adds to existing law relating to child custody to provide a procedure for the court in the event a petition for modification of a child custody order is filed where the action may be subject to the Servicemembers Civil Relief Act, to provide that in those actions where the act does apply, the court may only temporarily modify the existing child custody order during the period of deployment, to provide for expiration of such temporary order, to provide for expedited and emergency hearings, to provide for extensions of temporary orders, to provide for expedited hearings and to provide for the presentation of testimony and evidence by electronic means in certain actions.
SERVICEMEMBERS
Last Action
to Jud
3/21/2012