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ID S1122

Bill

Status

Passed

4/1/2013

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2013 Regular Session

AI Summary

Senate Bill 1122 - Summary

  • Adds Idaho Code Section 32-720 to establish procedures for child custody modification petitions when a party is a servicemember subject to the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.).

  • Allows courts to enter temporary custody modification orders only during a servicemember's deployment period; these orders expire 60 days after the court is notified of the servicemember's return from deployment.

  • Permits courts to conduct expedited or emergency hearings if a motion is filed before expiration alleging the order's expiration would not serve the child's best interests, and extends temporary orders until the court rules on such motions.

  • Requires courts to enter temporary orders granting deployed parents reasonable contact with their child upon return from deployment unless contrary to the child's best interests.

  • Authorizes courts to allow expedited hearings for servicemembers whose deployment affects their ability to appear at scheduled custody hearings and permits servicemembers to present testimony and evidence by electronic means (telephone, video teleconference, or internet) with reasonable advance notice.

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 under certain circumstances the court may only enter an order or decree temporarily modifying the existing child custody order during a period of deployment, to provide for expiration of the order or decree, to provide for expedited hearings, to provide for temporary orders granting deployed parents reasonable contact with the child and to provide for the presentation of testimony and evidence by electronic means.

CHILD CUSTODY

Last Action

Signed by Governor on 04/01/13 Session Law Chapter 215 Effective: 07/01/13

4/1/2013

Committee Referrals

Judiciary and Rules2/26/2013

Full Bill Text

No bill text available