458-E:1 Definitions. – As used in this chapter: I. " Deploy " and " deployment " mean military service in compliance with military orders received by a member of the United States armed forces, including any reserve component thereof, to report for combat operations, contingency operations, peacekeeping operations, a remote tour of duty, or […]
458-E:2 Final Order Modification. – I. If a deploying parent is required to be separated from a child as a result of deployment, a court shall not enter a final order modifying parental rights and responsibilities and parent-child contact in an existing order until 90 days after the deployment ends, unless such modification is […]
458-E:3 Temporary Modification. – I. Upon motion of a deploying or nondeploying parent, the court shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization when: (a) A military parent who has shared sole or primary legal or physical parental rights and responsibilities for […]
458-E:4 Emergency Motion to Modify; Permanent Modification. – I. Upon the return of the deploying parent, either parent may file a motion to modify the temporary order on the grounds that compliance with the order will result in immediate danger of irreparable harm to the child, and may request that the court issue an […]
458-E:5 Testimony and Evidence. – Upon motion of a deploying parent, provided reasonable advance notice is given and good cause shown, the court shall allow such parent to present testimony and evidence by electronic means with respect to parental rights and responsibilities or parent-child contact matters instituted under this section when the deployment of […]
458-E:6 No Existing Final Order. – I. If there is no existing order establishing the terms of parental rights and responsibilities or parent-child contact and it appears that deployment or mobilization is imminent, upon an action filed under this chapter by either parent, the court shall expedite a hearing to establish temporary parental rights […]
458-E:7 Duty to Cooperate and Disclose Information. – I. Because military necessity may preclude court adjudication before deployment, the parties shall cooperate with each other in an effort to reach a mutually agreeable resolution of parental rights and responsibilities, parent-child contact, and child support. Each party shall provide information to the other in an […]
458-E:8 Failure to Exercise Parent-Child Contact Rights. – In determining whether a parent has failed to exercise parent-child contact, the court shall not count any time periods during which the parent did not exercise such contact due to the material effect of that parent’s military duties on the contact schedule. Source. 2012, 213:1, eff. […]
458-E:9 Attorney Fees. – In making determinations pursuant to this chapter, the court may award attorney’s fees and costs based on the court’s consideration of: I. Unreasonable failure of either party to accommodate the other party in parental rights and responsibilities or parent-child contact matters related to a deploying parent. A parent’s refusal to […]