§ 36-7-302. Proceeding for Temporary Custody Order
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 Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), and may not issue a permanent order granting custodial responsibility without the consent of the deploying […]
§ 36-7-303. Expedited Hearing
If an action to grant custodial responsibility is filed under § 36-7-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing.
§ 36-7-304. Testimony by Electronic Means
In a proceeding under this part, 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.
§ 36-7-305. Effect of Prior Judicial Order or Agreement
In a proceeding for a grant of custodial responsibility pursuant to this part, the following rules apply: 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 regarding […]
§ 36-7-306. Grant of Caretaking or Decision-Making Authority to Nonparent
On motion of a deploying parent and in accordance with law of this state other than this chapter, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child. Unless a grant of caretaking authority to a nonparent […]
§ 36-7-307. Nature of Authority Created by Temporary Custody Order
A grant of authority under this part is temporary and terminates under part 4 of this chapter after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact […]
§ 36-7-203. Modification of Agreement
By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this part. If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the […]
§ 36-7-101. Short Title
This chapter shall be known and may be cited as the “Uniform Deployed Parents Custody and Visitation Act.”
§ 36-7-102. Chapter Definitions
In this chapter: “Adult” means an individual who has attained eighteen (18) years of age or is an emancipated minor; “Caretaking authority” means the right to live with and care for a child on a day-to-day basis. “Caretaking authority” includes physical custody, parenting time, right to access, and visitation; “Child” means: An unemancipated individual who […]
§ 36-7-103. 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 […]