Proceeding for temporary custody order.

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(A) After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Sections 521-522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.

(B) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in an existing proceeding for custodial responsibility of the child with jurisdiction pursuant to Section 63-15-506 or, if there is no existing proceeding in a court with jurisdiction pursuant to Section 63-15-506, in a new action for granting custodial responsibility during deployment.

HISTORY: 2015 Act No. 61 (H.3156), Section 1, eff June 4, 2015.


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