source:
  type: statute
  id: scra-50usc-3938
  authority: 50 U.S.C. §3938 — Child custody protection
  description: 50 U.S.C. §3938 — Child custody protection.
  coverage_tier: operative
obligations:
- id: scra-50usc-3938-full
  canonical_id: scra-50usc-3938-full
  section: 50 U.S.C. §3938 — Child custody protection
  type: do
  tags:
  - regulator-direct
  - federal-statute
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: 50 U.S.C. §3938 — Child custody protection
    source_class: usc-statute
    source_url: https://www.law.cornell.edu/uscode/text/50/3938
    snapshot_id: 9ef932bd263d5bd0
    fetched_at: '2026-05-24T19:33:23Z'
    content_hash: sha256:54beed732427dc8f9338ac9f157a4f032c6f7102b6f963326ee86f824b81efb7
    paragraph_quote: (a) Duration of temporary custody order based on certain deployments
      If a court renders a temporary order for custodial responsibility for a child
      based solely on a deployment or anticipated deployment of a parent who is a
      servicemember, the court shall require that the temporary order shall expire
      not later than the period justified by the deployment of the servicemember.
      (b) Limitation on consideration of member’s deployment in determination of child’s
      best interest If a motion or a petition is filed seeking a permanent order to
      modify the custody of the child of a servicemember , no court may consider the
      absence of the servicemember by reason of deployment , or the possibility of
      deployment , as the sole factor in determining the best interest of the child.
      (c) No Federal jurisdiction or right of action or removal Nothing in this section
      shall create a Federal right of action or otherwise give rise to Federal jurisdiction
      or create a right of removal. (d) Preemption In any case where State law applicable
      to a child custody proceeding involving a temporary order as contemplated in
      this section provides a higher standard of protection to the rights of the parent
      who is a deploying servicemember than the rights provided under this section
      with respect to such temporary order, the appropriate court shall apply the
      higher State standard. (e) Deployment defined In this section, the term “ deployment
      ” means the movement or mobilization of a servicemember to a location for a
      period of longer than 60 days and not longer than 540 days pursuant to temporary
      or permanent official orders— (1) that are designated as unaccompanied; (2)
      for which dependent travel is not authorized; or (3) that otherwise do not permit
      the movement of family members to that location. (Oct. 17, 1940, ch. 888, title
      II, § 208, as added Pub. L. 113–291, div. A, title V, § 566(a) , Dec. 19, 2014
      , 128 Stat. 3384 .)
  judgment: false
