---
kind: "section"
citation: "50 U.S.C. § 3938"
title: "50"
title_heading: "War and National Defense"
number: "3938"
heading: "Child custody protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/3938"
units:
  - "Chapter 50 — Servicemembers Civil Relief"
  - "Subchapter II — General Relief"
---

# §3938. Child custody protection

- (a) **Duration of temporary custody order based on certain deployments—** If a [court](/usc/50/3911.md?p=5) 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](/usc/50/3911.md?p=1), the [court](/usc/50/3911.md?p=5) shall require that the temporary order shall expire not later than the period justified by the deployment of the [servicemember](/usc/50/3911.md?p=1).
- (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](/usc/50/3911.md?p=1), no [court](/usc/50/3911.md?p=5) may consider the absence of the [servicemember](/usc/50/3911.md?p=1) 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](/usc/50/3911.md?p=6) 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](/usc/50/3911.md?p=1) than the rights provided under this section with respect to such temporary order, the appropriate [court](/usc/50/3911.md?p=5) shall apply the higher [State](/usc/50/3911.md?p=6) standard.
- (e) **Deployment defined—** In this section, the term “deployment” means the movement or mobilization of a [servicemember](/usc/50/3911.md?p=1) 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](/usc/50/3911.md?p=4) travel is not authorized; or
  - (3) that otherwise do not permit the movement of family members to that location.

## Source credit

(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.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 528 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.