| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
HB 2478
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Title: An act relating to custody of children of parents deployed in the military.
Brief Description: Addressing the custody of children of parents deployed in the military.
Sponsors: Representatives McCoy, Bailey, Wallace, Chase, Appleton, Morrell, Kenney, Moeller, Sells and Dickerson.
Brief Summary of Bill |
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Hearing Date: 1/15/08
Staff: Trudes Tango (786-7384).
Background:
Custody decrees and parenting plans
When determining residential placement of a child under a custody decree or parenting plan, the
court bases its decision on the best interests of the child. The court considers such factors as
each parent's potential for future performance of parenting functions and each parent's
employment schedule.
Once a custody decree or parenting plan is final, courts favor stability for the child and will
modify the residential provisions only under certain circumstances. With a few exceptions, the
petitioner for modification must show that there has been a substantial change in circumstances
of the child or the nonmoving party and that modification is necessary to serve the child's best
interests. The court may modify the child's residential schedule if the child has integrated into
the petitioner's family with the consent of the other parent in a substantial deviation from the
parenting plan.
Service Members Civil Relief Act
The Washington Service Members' Civil Relief Act (Act) provides certain rights and protections
in civil proceedings to service members called to active duty during the period of military service
or within 180 days after military service ends. The Act generally prohibits a court in a civil
matter from entering a default judgment against an absent defendant who is a service member in
military service. The Act also allows a service member to apply for a stay of civil proceedings if
the service member is a defendant to a civil suit during the service member's military service or
within 180 days after termination of military service. Washington's Act, as well as the federal
Service Members' Civil Relief Act, do not prohibit courts from ordering permanent child custody
changes based on a parent's military deployment.
Summary of Bill:
Unless agreed to by the parties, a party's absence, relocation, or failure to comply with a custody
decree or parenting plan is not, by itself, a substantial change in circumstances to justify a
permanent modification of a custody decree or parenting plan if the reason for the absence,
relocation, or failure to comply is because of the party's activation to military service and
deployment out-of-state.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.