43-4618. Grant of caretaking or decisionmaking authority to nonparent.

377 words·~2 min read·/ne/chapter-43/43-4618

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

(a)On a motion of a deploying parent and in accordance with the laws of this state, other than the Uniform Deployed Parents Custody and Visitation Act, if it is in the best interests of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. The court shall consider the following factors as related to the best interests of the child:

(1)The emotional, physical, and developmental needs of the minor child;

(2)The minor child's opinion or preference;

(3)The level of involvement and the extent of predeployment parenting responsibility exercised by the nonparent;

(4)The quality of the relationship between the minor child and the nonparent;

(5)The strength of the minor child's ties to the nonparent;

(6)The extent to which the delegation would interfere or support the minor child's existing school, sports, and extracurricular activities;

(7)The age, maturity, and living conditions of the nonparent; and

(8)The likelihood that allowing the delegation would increase or decrease the hostilities between the parties involved.

(b)Unless a grant of caretaking authority to a nonparent under subsection

(a)of this section is agreed to by the other parent, the grant is limited to an amount of time not greater than:

(1)the amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or

(2)in the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.

(c)A court may grant part of a deploying parent's decisionmaking authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decisionmaking powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.