Bill Text: NJ ACR93 | 2010-2011 | Regular Session | Introduced
Bill Title: Memorializes Congress to prohibit any permanent change of child custody during a period of active military duty.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly Military and Veterans' Affairs Committee [ACR93 Detail]
Download: New_Jersey-2010-ACR93-Introduced.html
ASSEMBLY CONCURRENT RESOLUTION No. 93
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED FEBRUARY 8, 2010
Sponsored by:
Assemblyman JACK CONNERS
District 7 (Burlington and Camden)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
SYNOPSIS
Memorializes Congress to prohibit any permanent change of child custody during a period of active military duty.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution memorializing Congress to prohibit any permanent change of child custody during a period of active military duty.
Whereas, Congress initially passed legislation at the start of World War II called the Soldiers' and Sailors' Civil Relief Act (SSCRA) to provide protection to persons called into the armed services; and
Whereas, The purpose of the SCRA is to enable servicemembers to devote their entire energy to the defense needs of the Nation, and to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during military service, as well as Reservists and members of the National Guard, when in active status; and
Whereas, The Servicemembers Civil Relief Act (SCRA), signed into federal law in 2003 was written to clarify the language of the SSCRA, to incorporate court interpretations of the SSCRA and to update this protective legislation to reflect developments in American life since the 1940's; and
Whereas, Courts have generally construed these enactments liberally to protect those in uniform, and the United States Supreme Court, in Le Mastre v. Leffers, 333 U.S. 1 (1948), declared that this protective legislation should be read "with an eye friendly to those who dropped their affairs to answer their country's call;" and
Whereas, New Jersey has a similar statute, N.J.S.A. 38:23C-1 et seq., which has as a purpose, "to maintain, secure and protect the civil and property rights of persons in military service;" and which further provides for liberal construction; and
Whereas, In child custody matters, courts are obligated to consider the "best interests of the child" standard as established under state law, in determining such matters as custody and visitation, while also considering parental rights; and
Whereas, A 2008 amendment extended the protection of the SCRA to clarify that the "temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of servicemembers during military service," applies to child custody proceedings, thereby mandating a stay in child custody proceedings upon request of the affected military parent, but which did not go as far as prohibiting any permanent change of child custody during a period of active military duty; and
Whereas, Individual states' courts and legislatures are at present engaged in reconciling the rights of service members with the best interests standards of child custody law; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. The Congress is respectfully memorialized to pass legislation prohibiting any permanent change of child custody during a period of active military duty.
2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and the President of the Senate and attested by the Clerk of the General Assembly and Secretary of the Senate, shall be transmitted to the President and Vice-President of the United States, the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, every member of Congress elected from this State and the Adjutant General of the New Jersey Department of Military and Veteran Affairs.
STATEMENT
This concurrent resolution memorializes Congress to pass legislation prohibiting any permanent change of child custody during a period of active military duty.
