US Lawyer Database

§ 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 […]

§ 36-7-302. 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.

§ 36-6-612. 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 […]