An Act To Amend the Child Custody Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §1657, sub-§4 is enacted to read:
4. Custodial parent; military service. An order for parental rights and responsibilities may not be modified or terminated if the custodial parent is a member of the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more than 30 days and whose absence from the State is due to compliance with military orders unless the change is in the best interest of the child. Burden of proof is on the nonabsent parent that a modification or termination of parental rights is in the best interest of the child.
Sec. 2. 37-B MRSA §343, sub-§1, as enacted by PL 2005, c. 353, §4, is amended to read:
1. Departure under military orders. A court may not consider departure from the family residence or absence from the child or children as an adverse the sole factor in determining parental rights and responsibilities with respect to a minor child when the departing parent is a member of the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more than 30 days and whose absence is due to compliance with military orders.
summary
This bill prohibits an order for parental rights and responsibilities from being modified or terminated if the custodial parent is absent from the State because the parent is in the National Guard or the Reserves of the United States Armed Forces under an order to active duty for more than 30 days. The bill also prohibits a court from considering absence due to active duty service with the National Guard or the Reserves of the United States Armed Forces the sole factor in determining parental rights and responsibilities with respect to a minor.