Section 75-L. Military service by parent; effect on child custody orders


Latest version.
  • 1.
      During  the  period  of  time  that  a  parent is activated, deployed or
      temporarily assigned to military service, such that the parent's ability
      to continue as a joint caretaker or the primary  caretaker  of  a  minor
      child  is materially affected by such military service, a court shall be
      prohibited  from  issuing  any  permanent   orders,   modifications   or
      amendments,  based on the fact that the parent is activated, deployed or
      temporarily assigned to military service, which would in any way  effect
      or  change  a  previous  judgment  or  order  regarding  custody of that
      parent's child or children as such judgment or order existed on the date
      the parent was activated, deployed, or temporarily assigned to  military
      service.  Any  relevant  provisions of the Service Member's Civil Relief
      Act shall apply to all proceedings governed by this section.
        2. During such period the court may enter a temporary order to  modify
      or  amend  custody  if  there  is clear and convincing evidence that the
      temporary modification or amendment is in  the  best  interests  of  the
      child. An attorney for the child shall be appointed in all cases where a
      temporary  modification  is  sought  during  such military service. When
      entering a temporary order under this section, the court shall  consider
      and  provide  for, if feasible and if in the best interest of the child,
      contact between the  military  service  member  and  his  or  her  child
      including,  but  not  limited  to,  electronic  communication by webcam,
      telephone, or other available means. During the period of  the  parent's
      leave  from military service, the court shall consider the best interest
      of the child when establishing a parenting schedule. For such purpose, a
      "leave from service" shall be a period of not more than three months.
        3. If a temporary order is issued under this section, upon the  return
      of  the  parent  from  active  military service, deployment or temporary
      assignment and upon the request of either parent, there shall be held  a
      hearing  at  which  the  court  shall determine whether there has been a
      change  of  circumstances  such  that  the  custody  judgment  or  order
      previously in effect should be changed, amended or modified.
        4.  This  section  shall  not  apply  to assignments to permanent duty
      stations or permanent changes of station.