Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
56 lines
3.0 KiB
Markdown
56 lines
3.0 KiB
Markdown
---
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type: "LegalText"
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title: "50 U.S.C. § 3938"
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description: "Child custody protection"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 50
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title_name: "WAR AND NATIONAL DEFENSE"
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chapter_number: "50"
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chapter_name: "SERVICEMEMBERS CIVIL RELIEF"
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section: "3938"
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citation: "50 U.S.C. § 3938"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip"
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source_identifier: "/us/usc/t50/s3938"
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source_file: "data/legal/raw/us/code/title-50/usc50.xml"
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source_hash: "7f15070cceed40e63fc0cdb13e649dbfa1df8de8ee460b166f22fb9254a2d01c"
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raw_snapshot_hash: "708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac"
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text_hash: "74fba57e21bc8ad07cb098b0bd173b1556c1cca78ca44320663ef5ccf08fa9fc"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 50 U.S.C. § 3938 - Child custody protection
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## Text
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(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.
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(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.
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(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.
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(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.
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(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—
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(1) that are designated as unaccompanied;
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(2) for which dependent travel is not authorized; or
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(3) that otherwise do not permit the movement of family members to that location.
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(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.)
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## Notes
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Editorial Notes
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Codification Section was formerly classified to section 528 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
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