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Home » US Law » 2020 Arkansas Code » Title 9 - Family Law » Subtitle 2 - Domestic Relations » Chapter 21 - Uniform Deployed Parents Custody and Visitation Act » Article 3 - Judicial Procedure for Granting Custodial Responsibility During Deployment

§ 9-21-301. Definition

In this Article, “close and substantial relationship” means a relationship in which a significant bond exists between a child and a nonparent.

§ 9-21-302. 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 Servicemembers 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 […]

§ 9-21-303. Expedited hearing

If a motion to grant custodial responsibility is filed under § 9-21-302(b) before a deploying parent deploys, the court shall conduct an expedited hearing.

§ 9-21-304. 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.

§ 9-21-305. 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 this chapter for modifying a judicial order […]

§ 9-21-307. 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 the child or an individual […]

§ 9-21-308. 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 caretaking authority, decision-making authority, or limited contact in an […]

§ 9-21-309. Content of temporary custody order

(a) An order granting custodial responsibility under this Article must: (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 must: (1) specify the allocation of caretaking authority, decision-making authority, or limited contact […]

§ 9-21-310. Order for child support

If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking authority has been executed under Article 2, 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 Uniform Interstate Family […]

§ 9-21-311. Modifying or terminating grant of custodial responsibility to nonparent

(a) Except for an order under § 9-21-305, except as otherwise provided in subsection (b), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3931 and 3932, 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 may […]