Form of agreement.

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(1) The parents of a child may enter into an interim agreement under this article granting custodial responsibility during deployment.

(2) An agreement under subsection (1) of this section must be:

  1. In writing; and

  2. Signed by both parents and any nonparent to whom custodial responsibility is granted.

(3) Subject to subsection (4) of this section, an agreement under subsection (1) of this section, if feasible, must:

  1. Identify the destination, duration, and conditions of the deployment that is the basisfor the agreement;

  2. Specify the allocation of caretaking authority among the deploying parent, the otherparent, and any nonparent;

  3. Specify any decision-making authority that accompanies a grant of caretaking authority;

  4. Specify any grant of limited contact to a nonparent;

  5. If, under the agreement, custodial responsibility is shared by the other parent and anonparent, or by other nonparents, provide a process to resolve any dispute that may arise;

  6. Specify the frequency, duration, and means, including electronic means, by which thedeploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;

  7. Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;

  8. Acknowledge that any party's child-support obligation cannot be modified by theagreement alone, and that changing the terms of the obligation during deployment requires modification by court order;

  9. Provide that the agreement will terminate according to the procedures under part 4 ofthis article after the deploying parent returns from deployment; and

  10. If the agreement must be filed pursuant to section 14-13.7-205, specify which parentis required to file the agreement.

  1. The omission of any of the items specified in subsection (3) of this section does notinvalidate an agreement under this section.

  2. The agreement may be submitted to the court for approval to become an enforceableorder.

Source: L. 2013: Entire article added, (HB 13-1200), ch. 174, p. 628, § 2, effective May 10.


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