Child custody: parent on active military duty.

Existing law provides that a party's absence, relocation, or failure to comply with custody and visitation orders is not, by itself, sufficient to justify a modification of a custody or visitation order if the reason for the absence, relocation, or failure is the party's activation to military service and deployment out of state. This bill would apply this provision to cases in which a party's absence, relocation, or failure to comply is due to the party's activation to military service, mobilization in support of combat or other military operation, or military deployment out of state, as defined. The bill would authorize the court to issue a temporary order for custody and visitation for the period in which the party will be deployed, mobilized, or on temporary duty, as specified, and would establish a presumption that, upon the return of that party, the order shall revert back to the custody order that was in place prior to the modification. The bill would further authorize the court to grant reasonable visitation rights to a stepparent, grandparent, or other family member if the court finds a preexisting relationship, as specified, that the visitation would facilitate the child's contact with the party who is deployed, mobilized, or on temporary duty, and the court balances the interest of the child in having visitation with the family member against the right of the parents to exercise parental authority. The bill would require the court to order an expedited hearing or allow the party who is deployed, mobilized, or on temporary duty to present evidence and participate in court-ordered custody mediation by electronic means under specified circumstances.