[§571-95] Sole factor; effect on existing orders.

245 words·~1 min read·/hi/chapter-571/571-95

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Deployment or the potential for future deployment shall not be the sole factor in awarding custody and must be considered in relation to all of the factors in section 571-46.

(b)If deployment or the potential for future deployment results in the modification of the custody or visitation terms established by a prior order, the court order shall include, without limitation, the following conditions:

(1)A specific transition schedule to facilitate return to the prior order over the shortest reasonable time period after the deployment ends, taking into consideration the best interest of the child;

(2)A specific date at which time the prior order will return to full force and effect; and

(3)If the deployment is extended or shortened, then:

(A)The deployed parent has a duty to inform the other parent of the change as soon as the information is available;

(B)The other parent has the responsibility to return to court to change the effective date of the modification of the prior order made pursuant to this subsection; and

(C)The transition schedule shall take effect at the end of the modified deployment.

(c)Upon request of either parent the court may set a review hearing to occur within thirty days of the deployed parent's return from deployment at which time the court may make such orders as are in the best interest of the child. [L 2010, c 177, pt of §2]