Sec. 4. 37-B MRSA §343 is enacted to read:

§343.__Parental rights and responsibilities; parent on active duty

1.__Departure under military orders.__A court may not consider departure from the family residence or absence from the child or children as an adverse factor in determining parental rights and responsibilities with respect to a minor child when the departing parent is a member of the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more than 30 days and whose absence is due to compliance with military orders.

2.__Change of residence of child prohibited when parent under military orders.__A court may not order a change of the primary physical residence of a child when one of the child's parents is a member of the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more than 30 days and whose absence from the State is due to compliance with military orders unless the change is in the best interest of the child.

3.__Application.__This section applies only if the service of the member referred to in subsection 1 or subsection 2 is in support of:

A.__An operational mission for which members of the reserve components have been ordered to active duty without their consent; or

B.__Forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress.

Sec. 5. 37-B MRSA §389, as repealed and replaced by PL 2003, c. 404, §6, is repealed.

Sec. 6. 37-B MRSA §389-A is enacted to read:

§389-A. Service members' civil relief

1.__Short title.__This section may be known and cited as "the Maine Servicemembers' Civil Relief Act."

2.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.