US Lawyer Database

§ 36-7-308. Content of Temporary Custody Order

An order granting custodial responsibility under this part must: Designate the order as temporary; and Identify to the extent feasible the destination, duration, and conditions of the deployment. If applicable, an order for custodial responsibility under this part must: Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the […]

§ 36-7-309. Order for Child Support

If a court has issued an order granting caretaking authority under this part, or an agreement granting caretaking authority has been executed under part 2 of this chapter, the court may enter a temporary order for child support consistent with law of this state other than this chapter if the court has jurisdiction under the […]

§ 36-7-310. Modifying or Terminating Grant of Custodial Responsibility to Nonparent

Except for an order under § 36-7-305, except as otherwise provided in subsection (b), and consistent with the Service Members Civil Relief Act (50 U.S.C. Appendix Sections 521 and 522), on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court […]

§ 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 […]