CSHB 334(RLS)(efd add S): "An Act establishing child custody, modification, and visitation standards for a military parent; amending Rules 77 and 99, Alaska Rules of Civil Procedure; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 334(RLS)(efd add S) 01 "An Act establishing child custody, modification, and visitation standards for a military 02 parent; amending Rules 77 and 99, Alaska Rules of Civil Procedure; and providing for 03 an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 25.20 is amended by adding a new section to read: 06 Sec. 25.20.095. Custody and visitation proceedings involving a military 07 parent. (a) In determining the availability of a parent for custody or visitation, if a 08 parent is deployed or in a position where the parent may be deployed, the court shall 09 take particular care to ensure that the child has the maximum opportunity, consistent 10 with the best interests of the child, to have contact with the parent. Except as provided 11 in this section, a parent's temporary duty, mobilization, or deployment to military 12 service and the resultant temporary disruption to the child of the parent may not be a 13 factor in a court's decision to grant or deny a petition for custody or visitation. 14 (b) A parent who is deployed may petition a court of competent jurisdiction
01 for custody or visitation. The petition shall be construed to be an application for 02 affirmative relief, consistent with the protections afforded under 50 U.S.C. App. 501 - 03 596 (Servicemembers Civil Relief Act) and may include a request to delegate the 04 deployed parent's visitation rights to a family member. 05 (c) A court shall order a delegation of visitation rights based on a petition filed 06 under (b) of this section if the court finds that 07 (1) the family member receiving the delegation has an existing close 08 relationship to the child; and 09 (2) the delegation is in the child's best interest. 10 (d) A hearing on a petition filed under this section shall be expedited by the 11 court on a motion filed by the deployed parent. 12 (e) A parent who is deployed may not be found to have waived any rights or 13 protections with regard to custody or visitation of the deployed parent's child unless 14 the deployed parent expressly waives the right or protection in writing or on the 15 record. 16 (f) A court order entered under this section must require that 17 (1) the nondeployed parent make the child reasonably available for 18 visitation to the deployed parent when the deployed parent is on leave if the visits are 19 in the child's best interest; 20 (2) each parent facilitate contact, including telephonic and electronic 21 contact, between the other parent and the child if the contact is in the child's best 22 interest; electronic contact with a video image must be facilitated whenever feasible; 23 (3) the deployed parent provide timely information to the nondeployed 24 parent regarding the deployed parent's leave schedule; and 25 (4) each parent provide immediate notification of a change of address 26 or contact information as provided under AS 25.20.110(e)(5). 27 (g) In making a determination of the best interests of the child, the court shall 28 consider the factors under AS 25.24.150(c) and apply the rebuttable presumption 29 under AS 25.24.150(g) to visitation, delegation, and custody orders issued under this 30 section. In addition, there is a rebuttable presumption that a deployed parent's 31 visitation rights may not be delegated to a family member who has a history of
01 perpetrating domestic violence against a spouse, a child, or a domestic living partner, 02 or to a family member with an individual in the family member's household who has a 03 history of perpetrating domestic violence against a spouse, child, or a domestic living 04 partner. 05 (h) In this section, 06 (1) "deployment" or "deployed" means military services performed in 07 compliance with a valid order received by an active duty or reserve member of the 08 armed services of the United States, National Guard, or United States Coast Guard to 09 report for combat operations, contingency operations, peacekeeping operations, 10 temporary duty, a remote tour of duty, or other active service for which the deploying 11 parent reports unaccompanied by any family member; 12 (2) "family member" means a person who is an adult sibling, aunt, 13 uncle, first cousin, or grandparent related by blood, adoption, or marriage or a 14 stepparent to the child who is the subject of a custody order issued under this section; 15 (3) "military service" includes the period from which the deployed 16 parent receives and is subject to deployment orders and the period in which the parent 17 is awaiting travel or remains deployed because of sickness, wounds, leave, or other 18 lawful cause; 19 (4) "parent" includes a legal guardian of the child. 20 * Sec. 2. AS 25.20.110 is amended by adding new subsections to read: 21 (d) Except as provided in (e) - (h) of this section, a parent's temporary duty, 22 mobilization, or deployment to military service and the resultant temporary disruption 23 to the schedule of a child of the parent may not be a factor in finding a change of 24 circumstances on a motion to modify child custody or visitation. 25 (e) A court may provide for a temporary modification of a custody or 26 visitation order during the period of a parent's deployment to military service to make 27 reasonable accommodation for the deployment. The temporary order must specify that 28 deployment is the basis of the order and include provisions for 29 (1) custody or reasonable visitation during a period of leave granted to 30 the deployed parent if the custody or visitation is in the child's best interest; 31 (2) termination of the temporary order and resumption of the
01 permanent order within 10 days after notification of the deployed parent's ability to 02 resume custody or visitation unless the court finds that resumption of the custody or 03 visitation order in effect before deployment is no longer in the child's best interest; the 04 nondeployed parent shall bear the burden of proving that resumption of the order is no 05 longer in the child's best interest; 06 (3) a hearing if a child of a deployed parent has been moved out of 07 state and the nondeployed parent has filed a motion that alleges that resumption of the 08 permanent custody order will result in immediate danger of irreparable harm to the 09 child or that the presumption under AS 25.24.150(g) exists; 10 (4) delegation, on request of the deployed parent, of the deployed 11 parent's visitation rights under an existing order, if any, to another family member who 12 has an existing close relationship to the child if the delegation is in the child's best 13 interest; and 14 (5) immediate notification by each parent of a change of address or 15 contact information to the other parent and to the court; if a valid court order issued 16 under AS 12.61.120 or AS 25.20.060 or an equivalent provision in another jurisdiction 17 is in effect that requires that the address or contact information of the parent be kept 18 confidential, the notification shall be made to the court only, and a copy of the order 19 shall be included in the notification. 20 (f) A court shall expedite a hearing to modify custody or visitation on a 21 motion made by a parent who is subject to deployment. 22 (g) In making a determination of the best interests of the child, the court shall 23 consider the factors under AS 25.24.150(c) and apply the rebuttable presumption 24 under AS 25.24.150(g) to visitation, delegation, and custody orders issued under this 25 section. In addition, there is a rebuttable presumption that a deployed parent's 26 visitation rights may not be delegated to a family member who has a history of 27 perpetrating domestic violence against a spouse, a child, or a domestic living partner, 28 or to a family member with an individual in the family member's household who has a 29 history of perpetrating domestic violence against a spouse, a child, or a domestic 30 living partner. 31 (h) In this section, "deployment," "family member," "military service," and
01 "parent" have the meanings given in AS 25.20.095. 02 * Sec. 3. AS 25.24.150 is amended by adding a new subsection to read: 03 (l) Except as provided in AS 25.20.095 and 25.20.110, a court may not 04 consider a parent's activation to military service and deployment in determining the 05 best interest of the child under (c) of this section. In this subsection, "deployment" has 06 the meaning given in AS 25.20.095. 07 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 DIRECT COURT RULE AMENDMENT. Rule 99(a), Alaska Rules of Civil 10 Procedure, is amended to read: 11 (a) Authorization for Telephonic, Video, or Internet Participation. The 12 court may allow one or more parties, counsel, witnesses or the judge to participate 13 telephonically in any hearing or deposition for good cause and in the absence of 14 substantial prejudice to opposing parties. The court shall allow video or Internet 15 testimony if the hearing or deposition involves the custody or visitation of a child 16 of a parent who is deployed, as that term is defined in AS 25.20.095, at the 17 request of the deployed parent. Authorization for a witness to telephonically 18 participate in a deposition does not bar the witnesses' testimony from being videotaped 19 under Civil Rule 30.1; nor does it bar a party or attorney from being present at the site 20 at which the witness is physically present. 21 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 INDIRECT COURT RULE AMENDMENT. AS 25.20.095(d), added by sec. 1 of this 24 Act, and AS 25.20.110(f), added by sec. 2 of this Act, have the effect of changing Rule 77(g), 25 Alaska Rules of Civil Procedure, by changing the procedure for expedited consideration in 26 certain cases involving child custody or visitation and a military parent. 27 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 CONDITIONAL EFFECT. (a) AS 25.20.095(d), enacted by sec. 1 of this Act, takes 30 effect only if sec. 5 of this Act receives the two-thirds majority vote of each house required by 31 art. IV, sec. 15, Constitution of the State of Alaska.
01 (b) AS 25.20.110(f), enacted by sec. 2 of this Act, takes effect only if sec. 5 of this 02 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 03 Constitution of the State of Alaska. 04 (c) The amendment to Rule 99(a), Alaska Rules of Civil Procedure, made by sec. 4 of 05 this Act, takes effect only if sec. 4 of this Act receives the two-thirds majority vote of each 06 house required by art. IV, sec. 15, Constitution of the State of Alaska. 07 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).