HB 5163 Summary

• Amends the Child Custody Act of 1970 to add protections for parents called to active military duty, preventing custody changes during their deployment except in cases of clear and convincing evidence of the child's best interest.

• Courts must reinstate the custody order in effect immediately before a parent's active military duty upon that parent's return from deployment.

• Allows a parent on active military duty to petition the court to delegate guardianship or visitation rights to a third party with an existing close relationship to the child if in the child's best interest, with a rebuttable presumption against delegation to individuals with domestic violence histories.

• Prohibits courts from considering a parent's military-related absence as a factor when deciding custody petitions filed after the parent returns from active military duty.

• Requires expedited hearings and allows parents on active military duty to testify by electronic means (telephone or video conference) when deployment materially affects their ability to appear in person.