81-10-302. Proceeding for temporary custody -- Order.
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Effective 9/1/2025
81-10-302. Proceeding for temporary custody -- Order.
(a)After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by Section 39A-6-105 and the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522.
(b)A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(a)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.
(b)The motion shall be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under Section 81-10-103 or, if there is no pending proceeding in a court with jurisdiction under Section 81-10-103 , in a new action for granting custodial responsibility during deployment.
Renumbered and Amended by Chapter 426 , 2025 General Session