§48-31-101. Short Title
This article may be cited as the Uniform Deployed Parents Custody and Visitation Act.
§48-31-102. Definitions
In this article: (1) “Adult” means an individual who has attained eighteen years of age or an emancipated minor.
§48-31-103. Remedies for Noncompliance
In addition to other remedies under law of this state other than this article, if a court finds that a party to a proceeding under this article has acted in bad faith or intentionally failed to comply with this article or a court order issued under this article, the court may assess reasonable attorney’s fees […]
§48-31-104. Jurisdiction
(a) A court may issue an order regarding custodial responsibility under this article only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. (b) If a court has issued a temporary order regarding custodial responsibility pursuant to this article, the residence of the deploying parent is not changed by reason […]
§48-31-105. Notification Required of Deploying Parent
(a) Except as otherwise provided in subsection (c) or (d) of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent […]
§48-31-106. Duty to Notify of Change of Address
(a) Except as otherwise provided in subsection (b) of this section, an individual to whom custodial responsibility has been granted during deployment pursuant to the provisions of this article shall notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual’s mailing address or residence until […]
§48-31-107. General Consideration in Custody Proceeding of Parent’s Military Service
In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent’s past or possible […]
§48-31-201. Form of Agreement Addressing Custodial Responsibility During Deployment
(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) of this section shall be: (1) In writing; and (2) Signed by both parents and any nonparent to whom custodial responsibility is granted. (c) Subject to subsection (d) of […]
§48-31-202. Nature of Authority Created by Agreement
(a) An agreement under this article is temporary and terminates pursuant to the provisions of this article after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section two hundred three of this article. The agreement does not create an independent, continuing right […]
§48-31-203. 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) of this section before deployment of a deploying parent, the modification shall be in writing and signed by both parents and any nonparent who will […]
§48-31-204. 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 article, or if a court order currently in effect prohibits contact between the child and the […]
§48-31-205. Filing Agreement or Power of Attorney With Court
An agreement or power of attorney under this article shall 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. The case number and heading of the pending case […]
§48-31-301. Proceeding for Temporary Custody Order
(a) 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. §3931 and §3932. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying […]
§48-31-302. Expedited Hearing
If a motion to grant custodial responsibility is filed under subsection (b) of section three hundred one of this article before a deploying parent deploys, the court shall conduct an expedited hearing.
§48-31-303. 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.
§48-31-304. 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 if there is deployment, is binding on the court unless the circumstances meet the requirements of law of this state other than this article for modifying a judicial order regarding […]
§48-31-305. 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 article, 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 or an adult with whom the child has […]
§48-31-306. Grant of Limited Contact
On motion of a deploying parent, and in accordance with law of this state other than this article, 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 the child or an individual […]
§48-31-307. Nature of Authority Created by Temporary Custody Order
(a) A grant of authority under this article is temporary and terminates under the provisions of this article 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 […]
§48-31-308. Content of Temporary Custody Order
(a) An order granting custodial responsibility under this article shall: (1) Designate the order as temporary; and (2) Identify to the extent feasible the destination, duration and conditions of the deployment. (b) If applicable, an order for custodial responsibility under this article shall: (1) Specify the allocation of caretaking authority, decision-making authority or limited contact […]