Military Child Custody Legislation signed into law
Lead Summary
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State Representative Cliff Rosenberger (R-Clarksville) has announced that yesterday at 3:30 p.m., Governor John Kasich signed into law House Bill 121, which will ensure that an existing custody order for the child of a parent actively serving in the military cannot be altered solely because of that parent’s military service.
House Bill 121 prohibits a court from finding that past, present or possible future active military service justifies the modification of an existing custody order. It also requires that a service member seeking a temporary parenting time order notifies the child’s other parent and applies to the court as soon as reasonably possible with the date that the active service starts.
“The men and women of our armed forces deserve our utmost respect and gratitude,” said Representative Rosenberger, the primary sponsor of the bill. “I was shocked to learn that, with all of the sacrifices they make for our country, Ohio would not already have this law in the books.”
Under the new law, the temporary custody order based on a parent’s active military service will be terminated within 10 days of notice that the active military service has ended. While serving, the court may grant a parent on active service a temporary order that allows for a relative or other person who has a substantial relationship with the child to take over that parent’s visitation rights, if deemed acceptable by the court.
“The urgent need for this legislation was brought to my attention by Amanda Denehy, a Family Readiness Group Leader from Clarksville Ohio. Amanda, whose husband Sean is currently deployed in Iraq, courageously advocated for this law and I am pleased that the Legislature quickly moved this bill through both chambers,” Rosenberger said.
An emergency measure was included in House Bill 121 so that the new law is in effect for a pending troop deployment that will likely see the mobilization of 2,500 members of the Ohio National Guard.
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House Bill 121 prohibits a court from finding that past, present or possible future active military service justifies the modification of an existing custody order. It also requires that a service member seeking a temporary parenting time order notifies the child’s other parent and applies to the court as soon as reasonably possible with the date that the active service starts.
“The men and women of our armed forces deserve our utmost respect and gratitude,” said Representative Rosenberger, the primary sponsor of the bill. “I was shocked to learn that, with all of the sacrifices they make for our country, Ohio would not already have this law in the books.”
Under the new law, the temporary custody order based on a parent’s active military service will be terminated within 10 days of notice that the active military service has ended. While serving, the court may grant a parent on active service a temporary order that allows for a relative or other person who has a substantial relationship with the child to take over that parent’s visitation rights, if deemed acceptable by the court.
“The urgent need for this legislation was brought to my attention by Amanda Denehy, a Family Readiness Group Leader from Clarksville Ohio. Amanda, whose husband Sean is currently deployed in Iraq, courageously advocated for this law and I am pleased that the Legislature quickly moved this bill through both chambers,” Rosenberger said.
An emergency measure was included in House Bill 121 so that the new law is in effect for a pending troop deployment that will likely see the mobilization of 2,500 members of the Ohio National Guard.
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