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(1) The parents of a child may enter into a temporary agreement under this part granting custodial responsibility during deployment. When the parents of a child include one or more servicemembers, the parents should enter into an agreement granting custodial responsibility before notice of deployment, but may also enter into an agreement granting custodial responsibility following notice of deployment.
(2) An agreement under Subsection (1) shall be:
(a) in writing; and
(b) signed by both parents and any nonparent to whom custodial responsibility is granted.
(3) Subject to Subsection (4), an agreement under Subsection (1), if feasible, shall:
(a) identify the destination, duration, and conditions of the deployment that is the basis for the agreement if the deployment has been noticed;
(b) specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;
(c) specify any decision-making authority that accompanies a grant of caretaking authority;
(d) specify any grant of limited contact to a nonparent;
(e) if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
(f) specify the frequency, duration, and means, including electronic means, by which the deploying 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;
(g) specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(h) acknowledge that any party's child-support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(i) provide that the agreement will terminate according to the procedures under Part 4, Return from Deployment, after the deploying parent returns from deployment; and
(j) if the agreement is required to be filed pursuant to Section 78B-20-205, specify which parent is required to file the agreement.
(4) The omission of any of the items specified in Subsection (3) does not invalidate an agreement under this section.
(5) A servicemember shall ensure that the servicemember's family care plan reflects orders and agreements entered and filed pursuant to this chapter.