HB 5739 Summary

• Protects military parents by prohibiting custody or parenting time changes during active military duty, except for temporary orders based on clear and convincing evidence of best interest of child.

• Allows military parents to file applications for stay of proceedings during active duty and establishes procedures for extending stays; parent must inform court of official active duty end date within 30 days.

• Requires court to reinstate custody or parenting time orders that existed before military deployment upon parent's return from active duty.

• Prohibits consideration of military parent's deployment, prisoner of war status, or missing in action status in best interest of child determinations, and bars consideration of future military deployments.

• Implements protections consistent with the Servicemembers Civil Relief Act (50 USC 501 to 597b) and requires military parents and their designees not be required to appear in person for stay applications.