§ 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 […]
§ 36-7-204. Grant and Revocation of Power of Attorney
A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this part, or if a court order currently in effect prohibits contact between the child and the […]
§ 36-7-205. Filing of Agreement or Power of Attorney With Court
An agreement or power of attorney under this part must be filed within a reasonable time with any court that has entered an order on custodial responsibility or child support that is in effect concerning the child who is the subject of the agreement or power of attorney and shall be binding upon the parties […]
§ 36-7-301. “Close and Substantial Relationship” Defined
In this part, “close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent.
§ 36-6-612. Relation to Electronic Signatures in Global and National Commerce Act
This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede § 101(c) of the act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in § 103(b) of that act (15 […]
§ 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 […]