Senate Bill No. 746
(By Senators Wells, Caruth, Browning and Willilams)
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[Introduced March 23, 2009; referred to the Committee on the
Military; and then to the Committee on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §48-9-404, relating
to domestic relations; custody of children; and modifications
of child custody orders.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §48-9-404, to read as
follows:
ARTICLE 9. CUSTODY OF CHILDREN.
§48-9-404. Modification because of military service.
When a member of the West Virginia National Guard has been
ordered or called to active military service under Title ten or
Title thirty-two, United States Code, or when a member of the
military reserve is ordered to active federal service under Title
ten, United States Code, such military service thereunder shall not be considered a factor to reduce the member's previously decreed
child custody and visitation privileges.
NOTE: The purpose of this bill is to protect service members'
custodial rights upon a call to active service.
§48-9-404 is new; therefore, strike-throughs and underscoring
have been omitted.