(1) After a deploying parent receives notice of deployment and until the deployment
terminates, a court may issue an interim order, consistent with the best interests
of the child, granting custodial responsibility, unless prohibited by the “Servicemembers
Civil Relief Act”, 50 U.S.C. appendix sections 521 and 522. A court may not issue a permanent order granting custodial responsibility without
the consent of the deploying parent.
(2) 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. The motion must be filed in a pending proceeding for custodial responsibility in
a court with jurisdiction under section 14-13.7-104 or, if there is no pending proceeding in a court with jurisdiction under section 14-13.7-104, in a new action for granting custodial responsibility during deployment.
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