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SB421 SUB1 Senate Bill 421 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 421

(By Senators D. Facemire, Minard, Laird and Jenkins)

____________

[Originating in the Committee on Military;

reported March 20, 2009.]

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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 prohibiting the modification of a parenting plan because a parent is called to active military service; providing for temporary orders; reinstating the parenting plan upon return of the service member parent; and moving permanently by the service member parent not included.

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. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION- MAKING RESPONSIBILITY OF CHILDREN.

§48-9-404. Modification due to military service.
(a) If a petition or a motion for modification of a parenting plan is filed because a parent is activated, deployed or temporarily assigned to military service and the parent's ability to comply with a parenting plan is materially affected as a result, the court may not issue an order, modify, or amend a previous judgment or order that changes a parenting plan as it existed on the date the parent was activated, deployed or temporarily assigned to military service, except that a court may enter a temporary order to modify or amend a parenting plan if there is preponderance of the evidence that the temporary modification or amendment is in the best interest of the child. When entering a temporary order under this section, the court is to consider and provide for, if feasible contact between the military service member and his or her child, including, but not limited to, electronic communication by web cam, telephone or other available means. The court is to permit a liberal parenting plan during periods of leave from military service, as it is in the child's best interest to maintain the parent-child bond during the parent's military service.
(b) If a temporary parenting plan is issued under this section, the court is to reinstate the parenting plan previously in effect upon the service member parent's return from active military service, deployment or temporary assignment, unless the court finds that reinstatement of the plan is not in the best interest of the child.
(c) If a temporary order is entered under this section, the court may address the issue of support for the child by:
(1) Entering an order of temporary support from the service member to the other parent under article eleven of this chapter;
(2) Suspending, abating or reducing the child support obligation of the nonservice member until the custody judgement or parenting plan order previously in effect is reinstated.
(d) This section does not apply to permanent change of station moves by military personnel.



NOTE: The purpose of this bill is to allow for more flexibility in the parenting plan of a member of the military who is called back to active duty.

§48-9-404 is new; therefore, strike-throughs and underscoring have been omitted.
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