US Lawyer Database

§ 9-21-302. Proceeding for temporary custody order

(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3931 and 3932. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying […]

§ 9-20-123. Rights of relatives

(a) (1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the Department of Human Services is unreasonably interfering with or denying visitation between the relative and an endangered adult or an impaired adult as defined in § 9-20-103(6) and (10) respectively, the relative may file a […]

§ 9-21-303. Expedited hearing

If a motion to grant custodial responsibility is filed under § 9-21-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing.

§ 9-20-124. Consideration of issues requiring court approval

(a) The Department of Human Services shall: (1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court; (2) (A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1)-(3), (9), and […]

§ 9-21-304. Testimony by electronic means

In a proceeding under this Article, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

§ 9-21-305. Effect of prior judicial order or agreement

In a proceeding for a grant of custodial responsibility pursuant to this Article, the following rules apply: (1) A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order […]

§ 9-21-102. Definitions

In this chapter: (1) “Adult” means an individual who has attained eighteen (18) years of age or an emancipated minor. (2) “Caretaking authority” means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation. (3) “Child” means: (A) an […]

§ 9-21-103. Remedies for noncompliance

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may assess reasonable attorney’s fees […]

§ 9-21-104. Jurisdiction

(a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq. (b) If a court has issued a temporary order regarding custodial responsibility pursuant to Article 3, the residence of the deploying parent is not […]