Section 25-4B-101 – Short title.
25-4B-101. Short title. This chapter may be cited as the Uniform Deployed Parents Custody and Visitation Act. Source: SL 2014, ch 123, §1.
Section 25-4B-102 – Definitions.
25-4B-102. Definitions. Terms used in this chapter mean: (1)”Adult,” an individual who has attained eighteen years of age or an emancipated minor; (2)”Caretaking authority,” 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,”: (a)An unemancipated individual who […]
Section 25-4B-103 – Remedies for noncompliance.
25-4B-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 […]
Section 25-4B-104 – Jurisdiction.
25-4B-104. Jurisdiction. (a) A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 26-5B. (b) If a court has issued a temporary order regarding custodial responsibility pursuant to Article 3, the residence of the deploying parent is not changed by reason of the deployment for […]
Section 25-4B-105 – Notification required of deploying parent.
25-4B-105. Notification required of deploying parent. (a) Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving an official order to deploy unless reasonably prevented from doing so by the circumstances […]
Section 25-4B-106 – Duty to notify of change of address.
25-4B-106. Duty to notify of change of address. (a) Except as otherwise provided in subsection (b), an individual to whom custodial responsibility has been granted during deployment pursuant to Articles 2 or 3 shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual’s mailing […]
Section 25-4B-107 – General consideration in custody proceeding of parent’s military service.
25-4B-107. General consideration in custody proceeding of parent’s military service. In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child. However, if upon return from the deployment either the servicemember […]
Section 25-4B-201 – Form of agreement.
25-4B-201. Form of agreement. (a) The parents of a child may enter into a temporary agreement under this Article granting custodial responsibility during deployment. (b) An agreement under subsection (a) must be: (1)In writing; and (2)Signed by both parents and any nonparent to whom custodial responsibility is granted. (c) Subject to subsection (d), an agreement […]
Section 25-4B-202 – Nature of authority created by agreement.
25-4B-202. Nature of authority created by agreement. (a) An agreement under this Article is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under §25-4B-203. The agreement does not create an independent, continuing right to caretaking […]
Section 25-4B-203 – Modification of agreement.
25-4B-203. Modification of agreement. (a) By mutual consent, the parents of a child may modify an agreement regarding custodial responsibility made pursuant to this Article. (b) 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 […]
Section 25-4B-204 – Power of attorney.
25-4B-204. 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 chapter, or if a court order currently in effect prohibits contact between […]
Section 25-4B-205 – Filing agreement or power of attorney with court.
25-4B-205. Filing agreement or power of attorney with court. An agreement or power of attorney under this Article 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. […]
Section 25-4B-301 – Close and substantial relationship defined.
25-4B-301. Close and substantial relationship defined. In this Article, “close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent. Source: SL 2014, ch 123, §13.
Section 25-4B-302 – Proceeding for temporary custody order.
25-4B-302.Proceeding for temporary custody order. (a) After a deploying parent receives an official order to deploy 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. Appendix Sections 521 and 522. A court may not issue a permanent order […]
Section 25-4B-303 – Expedited hearing.
25-4B-303. Expedited hearing. If a motion to grant custodial responsibility is filed under subsection 25-4B-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing. Source: SL 2014, ch 123, §15.
Section 25-4B-304 – Testimony by electronic means.
25-4B-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. Source: SL 2014, ch 123, §16.
Section 25-4B-305 – Effect of prior judicial order or agreement.
25-4B-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 […]
Section 25-4B-306 – Grant of caretaking or decision-making authority to nonparent.
25-4B-306. Grant of caretaking or decision-making authority to nonparent. (a) 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 […]
Section 25-4B-307 – Grant of limited contact.
25-4B-307. Grant of limited contact. On motion of a deploying parent, and in accordance with law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a family member of […]
Section 25-4B-308 – Nature of authority created by temporary custody order.
25-4B-308. Nature of authority created by temporary custody order. (a) A grant of authority under this Article is temporary and terminates under Article 4 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 […]