Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2694 History

   |  Email


hb2694 intr
H. B. 2694


(By Delegates Boggs, Webster, Iaquinta, Ferro,
Wooton, Schoen, Tabb, Fleischauer, Schadler,

Hamilton and Hutchins)
[Introduced February 20, 2009; referred to the
Committee on the Judiciary.]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-9-401a, relating to modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces; requiring that any such order is only a temporary order; allowing the review of the temporary order to take precedence; shifting the burden of proof to the nondeploying parent or guardian for a final order; and setting forth definitions.

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 §48-9-401a, to read as follows:
ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.

PART 4. MODIFICATION OF PARENTING PLAN.

§48-9-401a. Modification of deployed parent's or custodian's to the United States Armed Forces; temporary order; burden of proof; definitions.

(a) Notwithstanding any provision of this code to the contrary, any court order limiting previously ordered custodial or visitation rights of a deploying parent or guardian due to the parent's or guardian's deployment shall specify the deployment as the basis for the order and shall be entered by the court as a temporary order. Any such order shall further require the nondeploying parent or guardian to provide the court with thirty days advance written notice of any change of address and any change of telephone number.
The court, on motion of the deploying parent or guardian returning from deployment seeking to amend or review the custody or visitation order entered based upon the deployment, shall set a hearing on the matter that shall take precedence on the court's docket, and shall be set within thirty days of the filing of the motion. For purposes of this hearing, the nondeploying parent or guardian shall bear the burden of showing that reentry of the custody or visitation order in effect before the deployment is no longer in the child's best interests.
This section does not otherwise preclude a parent or guardian from petitioning for a modification of a custody or visitation order based upon a change in circumstances.
(b) For purposes of this section:
"Deploying parent or guardian" means a parent of a child under the age of eighteen whose parental rights have not been terminated by a court of competent jurisdiction or a guardian of a child under the age of eighteen, who is deployed or who has received written orders to deploy with the Armed Forces of the United States, namely the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other reserve component thereof.
"Deployment" means compliance with military orders received by a member of the United States Armed Forces, namely the United States Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, or any other reserve component thereof to report for combat operations or other active service for which the deploying parent or guardian is required to report unaccompanied by any family member.




NOTE: The purpose of this bill is to establish certain requirements for modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces; to require that any such order is only a temporary order; to allow the review of the temporary order to take precedence; to shift the burden of proof to the nondeploying parent or guardian for a final order; and to set forth definitions.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***