Bill Text: CT HB05395 | 2012 | General Assembly | Comm Sub
Bill Title: An Act Concerning Custody Orders For Deployed Members Of The Armed Forces And Confidential Communications Made To Members Of The Armed Forces Who Are Victim Advocates Or Sexual Assault Prevention Coordinators.
Spectrum: Moderate Partisan Bill (Democrat 37-10-1)
Status: (Passed) 2012-06-06 - Signed by the Governor [HB05395 Detail]
Download: Connecticut-2012-HB05395-Comm_Sub.html
General Assembly |
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February Session, 2012 |
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AN ACT CONCERNING CUSTODY ORDERS FOR DEPLOYED MEMBERS OF THE ARMED FORCES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For the purposes of this section:
(1) "Armed forces" means the United States Army, Navy, Marine Corps, Coast Guard and Air Force and any reserve component thereof, including the Connecticut National Guard performing duty as provided in 32 USC;
(2) "Deploy" means military service in compliance with military orders received by a member of the armed forces to report for combat operations, contingency operations, peacekeeping operations, a remote tour of duty or other active duty service. Deployment includes a period during which a member of the armed forces remains subject to deployment orders and remains deployed on account of sickness, wounds or other lawful cause;
(3) "Deploying parent" means a parent who is a member of the armed forces and has been notified by military leadership that he or she will deploy or mobilize with the armed forces;
(4) "Mobilize" means the call-up of National Guard or Reserve service members to extended active service. For purposes of this definition, "mobilization" does not include National Guard or Reserve annual training, inactive duty days, drill weekends, temporary duty or state active duty; and
(5) "Nondeploying parent" means a parent who has not been notified by military leadership that he or she will deploy or mobilize with the armed forces.
(b) If a deploying parent is required to be separated from a child of such parent during a deployment or mobilization, a court shall not enter a final order of custody or visitation modifying a final order of custody or visitation issued pursuant to section 46b-56, 46b-56a or 46b-61 of the general statutes until ninety days after the deployment or mobilization ends, unless such modification is agreed to by the deploying parent.
(c) If a parent who is a member of the armed forces has joint or sole custody of a child receives notice from military leadership that he or she will deploy or mobilize in the near future and will be required to be separated from such child due to such deployment or mobilization, then upon motion of such deploying parent or the nondeploying parent, a court may enter temporary orders of custody or visitation modifying final orders of custody or visitation during the period of such deployment or mobilization if: (1) The deployment or mobilization would have a material effect upon the deploying parent's ability to exercise parental rights, responsibilities or parent-child contact as set forth in the existing final orders of custody or visitation, and (2) modification is in the best interests of the child. In issuing such temporary modification orders, the court shall be guided by the provisions of the general statutes pertaining to custody and visitation. Motions for temporary modification because of deployment shall be heard by the court as expeditiously as possible and shall be given priority for this purpose. All temporary modification orders shall include a specific transition plan to facilitate a return to the predeployment order over the shortest reasonable time period after the deployment and, taking into consideration the child's best interest. Temporary modification orders issued pursuant to this section shall designate the parent's parental rights, responsibilities and parent-child contact during a period of leave granted to the deploying parent, in the best interests of the child. Upon motion of such parent and in accordance with section 46b-59 of the general statutes, the court may delegate such parent's right of contact, or a portion thereof, to a family member, a person with whom such parent cohabits, or another person with a close and substantial relationship to the minor child or children for the duration of the deployment or mobilization, if it is in the child's best interests. Such delegated contact does not create separate rights to parent-child contact for a person other than a parent. The temporary modification orders shall expire upon the completion of the transition plan, and the prior final order issued pursuant to section 46b-56, 46b-56a or 46b-61 of the general statutes shall be in effect.
(d) A temporary court order modifying final orders of custody or visitation issued under subsection (c) of this section shall require that: (1) The nondeploying parent make the child reasonably available to the deploying parent when the deploying parent has leave; (2) the nondeploying parent facilitate opportunities for telephonic, electronic mail, and other such contact between the deploying parent and the child during deployment or mobilization; and (3) the deploying parent provide timely information regarding his or her leave schedule to the nondeploying parent. Changes in actual leave dates shall not be used by the nondeploying parent to prevent parent-child contact.
(e) A temporary court order modifying final orders of custody or visitation issued under subsection (c) of this section shall specify that deployment or mobilization is the basis for the order and shall be entered by the court as a temporary order. The order shall further require the nondeploying parent to provide the court and the deploying parent with thirty days' advance written notice of any change of address and any change of telephone number, unless a court has ordered that the deploying party is not entitled to this information.
(f) If pendente lite orders of custody or visitation are in place or if there are no existing orders of custody or visitation establishing the terms of parental rights and responsibilities or parent-child contact and it appears that deployment or mobilization of a parent who is a member of the armed forces is imminent, upon motion by either parent, the court shall expedite a hearing to establish temporary parental rights and responsibilities and parent-child contact to (1) ensure the deploying parent has access to the child, provided it is in the child's best interest; (2) ensure disclosure of information; (3) grant other rights and duties set forth herein; and (4) provide other appropriate relief. Any initial pleading filed to establish parental rights and responsibilities or parent-child contact with a child of a deploying parent shall be so identified at the time of filing by stating in the text of the pleading the specific facts related to deployment.
Sec. 2. (NEW) (Effective from passage) (a) Nothing in section 1 of this act shall preclude the court from hearing a motion ninety days after the return of the deploying parent for permanent modification of final orders of custody and visitation issued pursuant to section 46b-56, 46b-56a or 46b-61 of the general statutes. The nondeploying parent shall bear the burden of showing that reentry of final orders of custody or visitation, issued pursuant to section 46b-56, 46b-56a or 46b-61 of the general statutes, in effect before the deployment is no longer in the child's best interest.
(b) Nothing in this section and section 1 of this act shall impair the court's ability to hear an emergency motion to modify final orders of custody or visitation issued pursuant to section 46b-56, 46b-56a or 46b-61 of the general statutes and to grant an ex parte order on such motion prior to ninety days after the deployment or mobilization ends and upon the filing and service of a verified application for the same which alleges an immediate danger of harm to the child. Any such motion shall be heard as expeditiously as possible, but in no event more than fifteen days from the date of filing.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
New section |
Sec. 2 |
from passage |
New section |
VA |
Joint Favorable Subst. C/R |
JUD |