Contact: Erika Martinez
(505)986-4819
FOR IMMEDIATE RELEASE
March 3, 2014
Bill to Protect Deployed Military Parent’s Rights Signed into Law
Santa Fe, NM – Governor Susana Martinez signed the Service Member Child Custody Act (SB130), which protects the parental rights of deployed service members by ensuring that child custody arrangements cannot be changed while a parent is deployed.
According to bill sponsor, Senator Daniel Ivey-Soto (D-15-Bernalillo), the bill was proposed to help assure that deployed service members have peace of mind, while serving their country. Protecting the child’s welfare was also at the forefront of the bill’s intentions, while it creates stability.
Some details of the bill include:
- Requiring the person granted custodial responsibility during deployment to notify the deploying parent and any others with custodial responsibility of change of mailing address or residence until custodial responsibility is terminated, unless a court order prohibits disclosure;
- Prohibiting the court from considering parent’s past or future deployment in determining the best interest of the child when deciding custodial responsibility;
- Providing for a temporary, writer signed, agreement between the child’s parents granting custodial responsibility during deployment;
- Providing that the parents’ agreement terminates after the deploying parent returns, unless earlier terminated by a court, and that such an agreement does not create independent, continuing right to caretaking or decision-making authority or limited contact by the person granted custodial responsibility; also provide standing to nonparent with caretaking or decision-making authority or limited contact to enforce the agreement until its termination by the court; and
- Providing an expedited hearing by the Court upon motion to grant custodial responsibility before deployment.
“When service members deploy, they need to focus on the battlefield and on their military mission,” said Sen. Ivey-Soto. “SB130 protects parental rights of deployed military and protects their children.”
This legislation was co-sponsored by Representative Nathan Cote (D-53- Dona Ana & Otero).
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