2012 -- S 2521

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LC00954

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO DOMESTIC RELATIONS - UNIFORM CHILD CUSTODY JURISDICTION

AND ENFORCEMENT

     Introduced By: Senator Roger Picard

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 15-14.1 of the General Laws entitled "Uniform Child Custody

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Jurisdiction and Enforcement Act" is hereby amended by adding thereto the following sections:

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     15-14.1-43. Custody and visitation upon military temporary duty, deployment or

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mobilization. -- (a) Purpose. – It is the purpose of this section to provide a means by which to

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facilitate a fair, efficient, and swift process to resolve matters regarding custody and visitation

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when a parent receives temporary duty, deployment, or mobilization orders from the military.

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     (b) Definitions. – As used in this chapter, the following words and phrases shall have the

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following meanings unless the context shall indicate another or different meaning or intent:

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     (1) “Deployment” means the temporary transfer of a service member serving in an active-

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duty status to another location in support of combat or some other military operation.

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     (2) “Mobilization” means the call-up of a National Guard or Reserve service member to

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extended active duty status. For purposes of this definition, “mobilization” does not include

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National Guard or Reserve annual training.

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     (3) “Temporary duty” means the transfer of a service member from one military base to a

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different location, usually another base, for a limited period of time to accomplish training or to

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assist in the performance of a noncombat mission.

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     (c) Custody. – When a parent who has custody, or has joint custody with primary

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physical custody, receives temporary duty, deployment, or mobilization orders from the military

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that involve moving a substantial distance from the parent’s residence or otherwise have a

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material effect on the parent’s ability to exercise custody responsibilities:

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     (1) Any temporary custody order for the child during the parent’s absence shall end no

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later than ten (10) days after the parent returns, but shall not impair the discretion of the court to

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conduct a hearing for emergency custody upon return of the parent and within ten (10) days of the

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filing of a verified motion for emergency custody alleging an immediate danger of irreparable

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harm to the child; and

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     (2) Exclusion of military service from determination of the child’s best interest. The

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temporary duty, mobilization, or deployment and the temporary disruption to the child’s schedule

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shall not be a factor in a determination of change of circumstances if a motion is filed to transfer

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custody from the service member.

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     (d) Visitation. – If the parent with visitation rights receives military temporary duty,

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deployment, or mobilization orders that involve moving a substantial distance from the parent’s

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residence or otherwise have a material effect on the parent’s ability to exercise visitation rights,

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the court may delegate the parent’s visitation rights, or a portion thereof, to a family member with

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a close and substantial relationship to the minor child for the duration of the parent’s absence, if

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delegating visitation rights is in the child’s best interest.

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     (e) Expedited Hearings. – Upon motion of a parent who has received military temporary

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duty, deployment, or mobilization orders, the court shall, for good cause shown, hold an

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expedited hearing in custody and visitation matters instituted under this section when the military

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duties of the parent have a material effect on the parent’s ability, or anticipated ability, to appear

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in person at a regularly scheduled hearing.

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     (f) Electronic Communications. – Upon motion of a parent who has received military

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temporary duty, deployment, or mobilization orders, the court shall, upon reasonable advance

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notice and for good cause shown, allow the parent to present testimony and evidence by

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electronic means in custody and visitation matters instituted under this section when the military

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duties of the parent have a material effect on the parent’s ability to appear in person at a regularly

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scheduled hearing. The phrase “electronic means” includes communication by telephone, video

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teleconference, or the Internet.

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     (g) Nothing in this section shall alter the duty of the court to consider “the best interest of

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the child” in deciding custody or visitation matters.

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     15-14.1-44. Final order, modification. -- (a) If a deploying parent is required to be

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separated from a child, a court shall not enter a final order modifying parental rights and

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responsibilities and parent-child contact in an existing order until ninety (90) days after the

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deployment ends, unless such modification is agreed to by the deploying parent.

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     (b) Absence created by deployment or mobilization or the potential for future deployment

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or mobilization shall not be the sole factor supporting a real, substantial, and unanticipated

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change in circumstances pursuant to subsection 15-14.1-43(c)(2) of this title or grounds sufficient

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to support a permanent modification of the parental rights and responsibilities or parent-child

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contact established in an existing order.

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     15-14.1-45. Temporary modification. -- (a) Upon motion of a deploying or non-

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deploying parent, the court shall enter a temporary order modifying parental rights and

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responsibilities or parent-child contact during the period of deployment or mobilization when:

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     (1) A military parent who has shared, soled, or primary legal or physical parental rights

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and responsibilities for a child or who has parent-child contact pursuant to an existing court order

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has received notice from military leadership that he or she will deploy or mobilize in the near

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future; and

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     (2) The deployment or mobilization would have a material effect upon his or her ability

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to exercise such parental rights and responsibilities or parent-child contact.

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     (b) Motions for modification because of deployment shall be heard by the court as

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expeditiously as possible, and shall be a priority for this purpose.

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     (c)(1) All temporary orders shall set a date certain for the end of deployment and the start

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of the transition period. If deployment is extended, the temporary order shall remain in effect

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during the extended deployment, and the transition schedule shall take effect at the end of the

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extended deployment. In that case, the non-deployed parent shall notify the court in accordance

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with this subdivision which notice shall not prejudice the deployed parent’s right to return to the

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prior order once the temporary order expires as provided in subdivision (2) of this section.

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     (2) The temporary order shall expire upon the completion of the transition, and the prior

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order for parental rights and responsibilities and parent-child contact shall be in effect.

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     (d) Upon motion of the deploying parent, the court may delegate his or her parent-child

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contact rights, or a portion of them, to a family member, a person with whom the deploying

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parent cohabits, or another person with a close and substantial relationship to the minor child or

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children for the duration of the deployment, upon a finding that it is in the child’s best interest.

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Such delegated contact does not create separate right to parent-child contact for a person other

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than a parent once the temporary order is no longer in effect.

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     (e) A temporary modification order issued pursuant to this section shall designate the

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deploying parent’s parental rights and responsibilities for a parent-child contact with a child

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during a period of leave granted to the deploying parent, in the best interest of the child.

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     (f) A temporary order issued under this section may require any of the following if the

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court finds that it is in the best interest of the child:

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     (1) The non-deploying parent shall make the child reasonably available to the deploying

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parent when the deploying parent has leave.

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     (2) The non-deploying parent shall facilitate opportunities for telephonic, electronic mail,

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and other such contact between the deploying parent and the child during deployment.

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     (3) The deploying parent shall provide timely information regarding his or her leave

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schedule to the non-deploying parent. Actual leave dates are subject to change with little notice

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due to military necessity and shall not be used by the non-deploying parent to prevent parent-

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child contact.

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     (g) A court order modifying a previous order for parental rights and responsibilities or

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parent-child contact because of deployment shall specify that the deployment is basis for the

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order, and it shall be entered by the court as a temporary order. The order shall further require the

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non-deploying parent to provide the court and the deploying parent with thirty (30) days advance

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written notice of any change of address and any change of telephone number.

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     15-14.1-46. Emergency motion to modify permanent modification. – (a) Upon the

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return of the deploying parent, either parent may file a motion to modify the temporary order on

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the grounds that compliance with the order will result in immediate danger of irreparable harm to

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the child, and may request that the court issue an ex parte order. The deploying parent may file

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such a motion prior to his or her return. The motion shall be accompanied by an affidavit in

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support of the requested order. Upon a finding of irreparable harm based on the facts set forth in

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the affidavit, the court may issue an ex parte order modifying parental rights and responsibilities

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and parent-child contact. If the court issues an ex parte order, the court shall set the matter for

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hearing within ten (10) days from the issuance of the order.

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     (b) Nothing in this chapter shall preclude the court from hearing a motion for permanent

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modification of parental rights and responsibilities or parent-child contact prior to, or upon return

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of the deploying parent. The moving party shall bear the burden of showing a real, substantial,

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and unanticipated change in circumstances and that resumption of the parental rights and

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responsibilities or parent-child order in effect before deployment is no longer in the child’s best

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interests. The absence created by deployment or mobilization and any resulting temporary

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disruption to the child shall not be considered the sole factors in determining whether there has

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been a real, substantial, and unanticipated change of circumstances in regard to the motion to

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modify.

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     15-14.1-47. Testimony and evidence. -- Upon motion of a deploying parent, provided

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reasonable advance notice is given and good cause shown, the court shall allow such parent to

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present testimony and evidence by electronic means with respect to parental rights and

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responsibilities or parent-child contact matters instituted under this section when the deployment

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of that person has a material effect on his or her ability to appear in person at a regularly

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scheduled hearing. The phrase “electronic means” includes communication by telephone or video

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teleconference.

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     15-14.1-48. No existing order. -- If there is no existing order establishing the terms of

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parental rights and responsibilities or parent-child contact and it appears that deployment or

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mobilization is imminent, upon motion by either parent, the court shall expedite a hearing to

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establish temporary parental rights and responsibilities and parent-child contact to ensure the

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deploying parent has access to the child, to ensure disclosure of information, to grant other rights

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and duties set forth herein, and to provide other appropriate relief. Any initial pleading filed to

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establish parental rights and responsibilities for or parent-child contact with a child of a deploying

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parent shall be so identified at the time of filing by stating in text of the pleading the specific facts

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related to deployment.

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     15-14.1-49. Duty to cooperate and disclose information. -- (a) Because military

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necessity may preclude court adjudication before deployment, the parties shall cooperate with

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each other in an effort to reach a mutually agreeable resolution of parental rights and

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responsibilities, parent-child contact, and child support. Each party shall provide information to

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one another in an effort to facilitate agreement on these issues.

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     (b) Within fourteen (14) days of receiving notification of deployment or mobilization in

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the near future from his or her military leadership, the military parent shall provide written notice

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to the non-deploying parent of the same. If less than fourteen (14) days notice is received by the

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military parent then notice must be given immediately upon receipt of notice to the non-deploying

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parent.

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     15-14.1-50. Failure to exercise parent-child contact rights. -- In determining whether a

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parent has failed to exercise parent-child contact, the court shall not count any time periods

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during which the parent did not exercise such contact due to the material effect of the parent’s

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military duties on the contact schedule.

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     SECTION 2. This act shall take effect upon passage.

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LC00954

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS - UNIFORM CHILD CUSTODY JURISDICTION

AND ENFORCEMENT

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     This act would facilitate and expedite a fair, efficient, and swift process to resolve matters

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regarding custody and visitation when a parent receives temporary duty, deployment, or

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mobilization orders from the military.

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     This act would take effect upon passage.

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LC00954

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