SF 73

as introduced - 89th Legislature (2015 - 2016) Posted on 08/12/2015 02:48pm

A bill for an act
relating to family law; establishing and modifying the Uniform Deployed Parents
Custody and Visitation Act; amending Minnesota Statutes 2014, section 518.17,
subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 518E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

GENERAL PROVISIONS

Section 1.

Minnesota Statutes 2014, section 518.17, subdivision 1, is amended to read:

Subdivision 1.

The best interests of the child.

(a) "The best interests of the child"
means all relevant factors to be considered and evaluated by the court including:

(1) the wishes of the child's parent or parents as to custody;

(2) the reasonable preference of the child, if the court deems the child to be of
sufficient age to express preference;

(3) the child's primary caretaker;

(4) the intimacy of the relationship between each parent and the child;

(5) the interaction and interrelationship of the child with a parent or parents, siblings,
and any other person who may significantly affect the child's best interests;

(6) the child's adjustment to home, school, and community;

(7) the length of time the child has lived in a stable, satisfactory environment and
the desirability of maintaining continuity;

(8) the permanence, as a family unit, of the existing or proposed custodial home;

(9) the mental and physical health of all individuals involved; except that a
disability, as defined in section 363A.03, of a proposed custodian or the child shall not be
determinative of the custody of the child, unless the proposed custodial arrangement is not
in the best interest of the child;

(10) the capacity and disposition of the parties to give the child love, affection,
and guidance, and to continue educating and raising the child in the child's culture and
religion or creed, if any;

(11) the child's cultural background;

(12) the effect on the child of the actions of an abuser, if related to domestic abuse,
as defined in section 518B.01, that has occurred between the parents or between a parent
and another individual, whether or not the individual alleged to have committed domestic
abuse is or ever was a family or household member of the parent; and

(13) except in cases in which a finding of domestic abuse as defined in section
518B.01 has been made, the disposition of each parent to encourage and permit frequent
and continuing contact by the other parent with the child.

The court may not use one factor to the exclusion of all others. The primary
caretaker factor may not be used as a presumption in determining the best interests of the
child. The court must make detailed findings on each of the factors and explain how the
factors led to its conclusions and to the determination of the best interests of the child.

(b) The court shall not consider conduct of a proposed custodian that does not affect
the custodian's relationship to the child.

new text begin (c) In a proceeding involving the custodial responsibility of a service member's child,
a court may not consider only a parent's past deployment or possible future deployment
in determining the best interest of the child. For purposes of this paragraph, "custodial
responsibility" has the meaning given in section 518E.102, paragraph (f).
new text end

Sec. 2.

new text begin [518E.101] SHORT TITLE.
new text end

new text begin This chapter may be cited as the Uniform Deployed Parents Custody and Visitation
Act.
new text end

Sec. 3.

new text begin [518E.102] DEFINITIONS.
new text end

new text begin (a) The definitions in this section apply to this chapter.
new text end

new text begin (b) "Adult" means an individual who has attained 18 years of age or an emancipated
minor.
new text end

new text begin (c) "Caretaking authority" means the right to live with and care for a child on a
day-to-day basis. The term includes physical custody, parenting time, right to access,
and visitation.
new text end

new text begin (d) "Child" means:
new text end

new text begin (1) an unemancipated individual who has not attained 18 years of age; or
new text end

new text begin (2) an adult son or daughter by birth or adoption, or under law of this state other than
this chapter, who is the subject of a court order concerning custodial responsibility.
new text end

new text begin (e) "Court" means a tribunal, including an administrative agency, authorized under
law of this state other than this chapter to make, enforce, or modify a decision regarding
custodial responsibility.
new text end

new text begin (f) "Custodial responsibility" includes all powers and duties relating to caretaking
authority and decision-making authority for a child. The term includes physical custody,
legal custody, parenting time, right to access, visitation, and authority to grant limited
contact with a child.
new text end

new text begin (g) "Decision-making authority" means the power to make important decisions
regarding a child, including decisions regarding the child's education, religious training,
health care, extracurricular activities, and travel. The term does not include the power to
make decisions that necessarily accompany a grant of caretaking authority.
new text end

new text begin (h) "Deploying parent" means a service member, who is deployed or has been
notified of impending deployment and is:
new text end

new text begin (1) a parent of a child under law of this state other than this chapter; or
new text end

new text begin (2) an individual who has custodial responsibility for a child under law of this state
other than this chapter.
new text end

new text begin (i) "Deployment" means the movement or mobilization of a service member for
more than 90 days but less than 18 months pursuant to uniformed service orders that:
new text end

new text begin (1) are designated as unaccompanied;
new text end

new text begin (2) do not authorize dependent travel; or
new text end

new text begin (3) otherwise do not permit the movement of family members to the location to
which the service member is deployed.
new text end

new text begin (j) "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent
of a child or an individual recognized to be in a familial relationship with a child under
law of this state other than this chapter.
new text end

new text begin (k) "Limited contact" means the authority of a nonparent to visit a child for a limited
time. The term includes authority to take the child to a place other than the residence of
the child.
new text end

new text begin (l) "Nonparent" means an individual other than a deploying parent or other parent.
new text end

new text begin (m) "Other parent" means an individual who, in common with a deploying parent, is:
new text end

new text begin (1) a parent of a child under law of this state other than this chapter; or
new text end

new text begin (2) an individual who has custodial responsibility for a child under law of this state
other than this chapter.
new text end

new text begin (n) "Record" means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in perceivable form.
new text end

new text begin (o) "Return from deployment" means the conclusion of service of the deploying
parent:
new text end

new text begin (1) as specified in the deploying parent's service orders;
new text end

new text begin (2) as specified in the deploying parent's command service orders; or
new text end

new text begin (3) as specified in a letter to the deploying parent from the deploying parent's
command, on command letterhead, stating that the deploying parent has concluded service.
new text end

new text begin (p) "Service member" means a member of a uniformed service.
new text end

new text begin (q) "Sign" means, with present intent to authenticate or adopt a record:
new text end

new text begin (1) to execute or adopt a tangible symbol; or
new text end

new text begin (2) to attach to or logically associate with the record an electronic symbol, sound,
or process.
new text end

new text begin (r) "State" means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
new text end

new text begin (s) "Uniformed service" means:
new text end

new text begin (1) active and reserve components of the Army, Navy, Air Force, Marine Corps, or
Coast Guard of the United States;
new text end

new text begin (2) the United States Merchant Marine;
new text end

new text begin (3) the commissioned corps of the United States Public Health Service;
new text end

new text begin (4) the commissioned corps of the National Oceanic and Atmospheric Administration
of the United States; or
new text end

new text begin (5) the National Guard of a state.
new text end

Sec. 4.

new text begin [518E.103] REMEDIES FOR NONCOMPLIANCE.
new text end

new text begin In addition to other remedies under law of this state other than this chapter, if a court
finds that a party to a proceeding under this chapter has acted in bad faith or intentionally
failed to comply with this chapter or a court order issued under this chapter, the court may
assess reasonable attorney fees and costs against the party and order other appropriate relief.
new text end

Sec. 5.

new text begin [518E.104] JURISDICTION.
new text end

new text begin (a) A court may issue an order regarding custodial responsibility under this chapter
only if the court has jurisdiction under chapter 518D.
new text end

new text begin (b) If a court has issued an order regarding custodial responsibility pursuant to
sections 518E.301 to 518E.311, the residence of the deploying parent is not changed by
reason of the deployment for the purposes of chapter 518D during the deployment.
new text end

new text begin (c) If a court has issued a permanent order regarding custodial responsibility before
notice of deployment and the parents modify that order temporarily by agreement pursuant
to sections 518E.201 to 518E.205, the residence of the deploying parent is not changed by
reason of the deployment for the purposes of chapter 518D.
new text end

new text begin (d) If a court in another state has issued an order regarding custodial responsibility
as a result of impending or current deployment, the residence of the deploying parent is
not changed by reason of the deployment for the purposes of chapter 518D.
new text end

new text begin (e) This section does not prevent a court from exercising temporary emergency
jurisdiction under chapter 518D.
new text end

Sec. 6.

new text begin [518E.105] NOTIFICATION REQUIRED OF DEPLOYING PARENT.
new text end

new text begin (a) Except as otherwise provided in paragraph (d) and subject to paragraph (c), a
deploying parent shall notify in a record the other parent of a pending deployment not
later than seven days after receiving notice of deployment unless reasonably prevented
from doing so by the circumstances of service. If the circumstances of service prevent
giving notification within the seven days, the deploying parent shall give the notification
as soon as reasonably possible.
new text end

new text begin (b) Except as otherwise provided in paragraph (d) and subject to paragraph (c), each
parent shall provide in a record the other parent with a plan for fulfilling that parent's share
of custodial responsibility during deployment. Each parent shall provide the plan as soon
as reasonably possible after notification of deployment is given under paragraph (a).
new text end

new text begin (c) If a court order currently in effect prohibits disclosure of the address or contact
information of the other parent, notification of deployment under paragraph (a), or
notification of a plan for custodial responsibility during deployment under paragraph (b),
may be made only to the issuing court. If the address of the other parent is available to the
issuing court, the court shall forward the notification to the other parent. The court shall
keep confidential the address or contact information of the other parent.
new text end

new text begin (d) Notification in a record under paragraph (a) or (b) is not required if the parents are
living in the same residence and both parents have actual notice of the deployment or plan.
new text end

new text begin (e) In a proceeding regarding custodial responsibility, a court may consider the
reasonableness of a parent's efforts to comply with this section.
new text end

Sec. 7.

new text begin [518E.106] DUTY TO NOTIFY OF CHANGE OF ADDRESS.
new text end

new text begin (a) Except as otherwise provided in paragraph (b), an individual to whom custodial
responsibility has been granted during deployment pursuant to sections 518E.201 to
518E.205 or sections 518E.301 to 518E.311 shall notify the deploying parent and any
other individual with custodial responsibility of a child of any change of the individual's
mailing address or residence until the grant is terminated. The individual shall provide
the notice to any court that has issued a custody or child support order concerning the
child which is in effect.
new text end

new text begin (b) If a court order currently in effect prohibits disclosure of the address or contact
information of an individual to whom custodial responsibility has been granted, a
notification under paragraph (a) may be made only to the court that issued the order. The
court shall keep confidential the mailing address or residence of the individual to whom
custodial responsibility has been granted.
new text end

ARTICLE 2

AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY
DURING DEPLOYMENT

Section 1.

new text begin [518E.201] FORM OF AGREEMENT.
new text end

new text begin (a) The parents of a child may enter into an agreement under sections 518E.201 to
518E.205 granting custodial responsibility during deployment.
new text end

new text begin (b) An agreement under paragraph (a) must be:
new text end

new text begin (1) in writing; and
new text end

new text begin (2) signed by both parents and any nonparent to whom custodial responsibility
is granted.
new text end

new text begin (c) Subject to paragraph (d), an agreement under paragraph (a), if feasible, must:
new text end

new text begin (1) identify the destination, duration, and conditions of the deployment that is the
basis for the agreement;
new text end

new text begin (2) specify the allocation of caretaking authority among the deploying parent, the
other parent, and any nonparent;
new text end

new text begin (3) specify any decision-making authority that accompanies a grant of caretaking
authority;
new text end

new text begin (4) specify any grant of limited contact to a nonparent;
new text end

new text begin (5) if under the agreement custodial responsibility is shared by the other parent and a
nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;
new text end

new text begin (6) specify the frequency, duration, and means, including electronic means, by which
the deploying parent will have contact with the child, any role to be played by the other
parent in facilitating the contact, and the allocation of any costs of contact;
new text end

new text begin (7) specify the contact between the deploying parent and child during the time the
deploying parent is on leave or is otherwise available;
new text end

new text begin (8) acknowledge that any party's child support obligation cannot be modified by the
agreement, and that changing the terms of the obligation during deployment requires
modification in the appropriate court;
new text end

new text begin (9) provide that the agreement will terminate according to the procedures under
sections 518E.401 to 518E.404 after the deploying parent returns from deployment; and
new text end

new text begin (10) if the agreement must be filed pursuant to section 518E.205, specify which
parent is required to file the agreement.
new text end

new text begin (d) The omission of any of the items specified in paragraph (c) does not invalidate
an agreement under this section.
new text end

Sec. 2.

new text begin [518E.202] NATURE OF AUTHORITY CREATED BY AGREEMENT.
new text end

new text begin (a) An agreement under sections 518E.201 to 518E.205 terminates pursuant to
sections 518E.401 to 518E.404 after the deploying parent returns from deployment, unless
the agreement has been terminated before that time by court order or modification under
section 518E.203. The agreement does not create an independent, continuing right to
caretaking authority, decision-making authority, or limited contact in an individual to
whom custodial responsibility is given.
new text end

new text begin (b) A nonparent who has caretaking authority, decision-making authority, or limited
contact by an agreement under sections 518E.201 to 518E.205 has standing to enforce
the agreement until it has been terminated by court order, by modification under section
518E.203, or under sections 518E.401 to 518E.404.
new text end

Sec. 3.

new text begin [518E.203] MODIFICATION OF AGREEMENT.
new text end

new text begin (a) By mutual consent, the parents of a child may modify an agreement regarding
custodial responsibility made pursuant to sections 518E.201 to 518E.205.
new text end

new text begin (b) If an agreement is modified under paragraph (a) before deployment of a
deploying parent, the modification must be in writing and signed by both parents and any
nonparent who will exercise custodial responsibility under the modified agreement.
new text end

new text begin (c) If an agreement is modified under paragraph (a) during deployment of a
deploying parent, the modification must be agreed to in a record by both parents and any
nonparent who will exercise custodial responsibility under the modified agreement.
new text end

Sec. 4.

new text begin [518E.204] POWER OF ATTORNEY.
new text end

new text begin A deploying parent, by power of attorney, may delegate all or part of custodial
responsibility to an adult nonparent for the period of deployment if no other parent
possesses custodial responsibility under law of this state other than this chapter, or if a
court order currently in effect prohibits contact between the child and the other parent. The
deploying parent may revoke the power of attorney by signing a revocation of the power.
new text end

Sec. 5.

new text begin [518E.205] FILING AGREEMENT OR POWER OF ATTORNEY WITH
COURT.
new text end

new text begin An agreement or power of attorney under sections 518E.201 to 518E.205 must
be filed within a reasonable time with any court that has entered an order on custodial
responsibility or child support that is in effect concerning the child who is the subject of
the agreement or power. The case number and heading of the pending case concerning
custodial responsibility or child support must be provided to the court with the agreement
or power.
new text end

ARTICLE 3

JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY
DURING DEPLOYMENT

Section 1.

new text begin [518E.301] DEFINITION.
new text end

new text begin In sections 518E.301 to 518E.311, "close and substantial relationship" means a
relationship in which a significant bond exists between a child and a nonparent.
new text end

Sec. 2.

new text begin [518E.302] PROCEEDING FOR CUSTODY ORDER.
new text end

new text begin (a) After a deploying parent receives notice of deployment and until the deployment
terminates, a court may issue an order granting custodial responsibility unless prohibited
by the Servicemembers Civil Relief Act, United States Code, title 50, appendix sections
521 and 522. A court may not issue a permanent order granting custodial responsibility
without the consent of the deploying parent.
new text end

new text begin (b) 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 518E.104 or, if there is no pending proceeding in a court with
jurisdiction under section 518E.104, in a new action for granting custodial responsibility
during deployment.
new text end

Sec. 3.

new text begin [518E.303] EXPEDITED EVIDENTIARY HEARING.
new text end

new text begin If a motion to grant custodial responsibility is filed under section 518E.302,
paragraph (b), before a deploying parent deploys, the court shall conduct an expedited
evidentiary hearing within 30 days of filing the motion. In determining whether to grant
custodial responsibility, the court shall consider the best interests of the child as prescribed
in section 518.17. The court shall issue an order on the motion not later than 30 days from
the date of the expedited evidentiary hearing.
new text end

Sec. 4.

new text begin [518E.304] TESTIMONY BY ELECTRONIC MEANS.
new text end

new text begin In a proceeding under sections 518E.301 to 518E.311, a party or witness who is not
reasonably available to appear personally may appear, provide testimony, and present
evidence by electronic means unless the court finds good cause to require a personal
appearance.
new text end

Sec. 5.

new text begin [518E.305] EFFECT OF PRIOR JUDICIAL ORDER OR AGREEMENT.
new text end

new text begin In a proceeding for a grant of custodial responsibility pursuant to sections 518E.301
to 518E.311, the following rules apply:
new text end

new text begin (1) a prior judicial order designating custodial responsibility in the event of
deployment is binding on the court unless the circumstances meet the requirements of
law of this state other than this chapter for modifying a judicial order regarding custodial
responsibility; and
new text end

new text begin (2) the court shall enforce a prior written agreement between the parents for
designating custodial responsibility in the event of deployment, including an agreement
executed under sections 518E.201 to 518E.205, unless the court finds that the agreement
is contrary to the best interest of the child.
new text end

Sec. 6.

new text begin [518E.306] GRANT OF CARETAKING OR DECISION-MAKING
AUTHORITY TO NONPARENT.
new text end

new text begin (a) On motion of a deploying parent and in accordance with law of this state other
than this chapter, if it is in the best interest of the child, a court may grant caretaking
authority to a nonparent who is an adult family member of the child or to another adult.
The individual who is granted caretaking authority must have a close and substantial
relationship with the child.
new text end

new text begin (b) Unless a grant of caretaking authority to a nonparent under paragraph (a) is
agreed to by the other parent, the grant is limited to an amount of time not greater than:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (c) A court may grant part of a deploying parent's decision-making authority to a
nonparent who is an adult family member of the child or another adult only if granting part
of the deploying parent's decision-making authority is in the best interests of the child and
the deploying parent is unable to exercise that authority. The individual who is granted
decision-making authority must have a close and substantial relationship with the child. If
a court grants the authority to a nonparent, the court shall specify the decision-making
powers granted, including decisions regarding the child's education, religious training,
health care, extracurricular activities, and travel.
new text end

Sec. 7.

new text begin [518E.307] GRANT OF LIMITED CONTACT.
new text end

new text begin On motion of a deploying parent, and in accordance with law of this state other than
this chapter, unless the court finds that the contact would be contrary to the best interest of
the child, a court shall grant limited contact to a nonparent who is a family member of the
child or an individual with whom the child has a close and substantial relationship.
new text end

Sec. 8.

new text begin [518E.308] NATURE OF AUTHORITY CREATED BY CUSTODY
ORDER.
new text end

new text begin (a) A grant of authority under sections 518E.301 to 518E.311 terminates under
sections 518E.401 to 518E.404 after the return from deployment of the deploying parent,
unless the grant has been terminated before that time by court order. The grant does not
create an independent, continuing right to caretaking authority, decision-making authority,
or limited contact in an individual to whom it is granted.
new text end

new text begin (b) A nonparent granted caretaking authority, decision-making authority, or limited
contact under sections 518E.301 to 518E.311 has standing to enforce the grant until it is
terminated by court order or under sections 518E.401 to 518E.404.
new text end

Sec. 9.

new text begin [518E.309] CONTENT OF CUSTODY ORDER.
new text end

new text begin (a) An order granting custodial responsibility under sections 518E.301 to 518E.311
must:
new text end

new text begin (1) designate the order as being of limited duration;
new text end

new text begin (2) identify to the extent feasible the destination, duration, and conditions of the
deployment;
new text end

new text begin (3) identify and address any issues of domestic abuse as prescribed in section 518.17,
subdivision 1, clause (12); and
new text end

new text begin (4) appoint a parenting time expeditor in accordance with section 518.1751,
subdivision 2.
new text end

new text begin (b) If applicable, an order for custodial responsibility under sections 518E.301
to 518E.311 must:
new text end

new text begin (1) specify the allocation of caretaking authority, decision-making authority, or
limited contact among the deploying parent, the other parent, and any nonparent;
new text end

new text begin (2) if the order divides caretaking or decision-making authority between individuals,
or grants caretaking authority to one individual and limited contact to another, provide a
process to resolve any dispute that may arise;
new text end

new text begin (3) provide for liberal communication between the deploying parent and the child
during deployment, including through electronic means, unless contrary to the best interest
of the child, and allocate any costs of communications;
new text end

new text begin (4) provide for liberal contact between the deploying parent and the child during
the time the deploying parent is on leave or otherwise available, unless contrary to the
best interest of the child;
new text end

new text begin (5) provide for reasonable contact between the deploying parent and the child after
return from deployment until the order is terminated, even if the time of contact exceeds
the time the deploying parent spent with the child before entry of the order; and
new text end

new text begin (6) provide that the order will terminate pursuant to sections 518E.401 to 518E.404
after the deploying parent returns from deployment.
new text end

Sec. 10.

new text begin [518E.310] ORDER FOR CHILD SUPPORT.
new text end

new text begin If a court has issued an order granting caretaking authority under sections 518E.301 to
518E.311, or an agreement granting caretaking authority has been executed under sections
518E.201 to 518E.205, the court may enter a temporary order for child support consistent
with law of this state other than this chapter if the court has jurisdiction under chapter 518C.
new text end

Sec. 11.

new text begin [518E.311] MODIFYING OR TERMINATING GRANT OF
CUSTODIAL RESPONSIBILITY TO NONPARENT.
new text end

new text begin (a) Except for an order under section 518E.305, except as otherwise provided in
paragraph (b), and consistent with the Servicemembers Civil Relief Act, United States
Code, title 50, appendix sections 521 and 522, on motion of a deploying or other parent or
any nonparent to whom caretaking authority, decision-making authority, or limited contact
has been granted, the court may modify or terminate the grant if the modification or
termination is consistent with sections 518E.301 to 518E.311 and it is in the best interest
of the child. A modification terminates pursuant to sections 518E.401 to 518E.404 after
the deploying parent returns from deployment, unless the grant has been terminated before
that time by court order.
new text end

new text begin (b) On motion of a deploying parent, the court shall terminate a grant of limited
contact.
new text end

Sec. 12.

new text begin [518E.312] MOTIONS FOR AMENDED FINDINGS AND ORDER.
new text end

new text begin A party who disagrees with an order issued under this chapter may bring a motion
for amended findings and order before the district court within the time limits set forth
under Minnesota Rules of Civil Procedure.
new text end

ARTICLE 4

RETURN FROM DEPLOYMENT

Section 1.

new text begin [518E.401] PROCEDURE FOR TERMINATING GRANT OF
CUSTODIAL RESPONSIBILITY ESTABLISHED BY AGREEMENT.
new text end

new text begin (a) At any time after return from deployment, an agreement granting custodial
responsibility under sections 518E.201 to 518E.205 may be terminated by an agreement to
terminate signed by the deploying parent and the other parent.
new text end

new text begin (b) An agreement under sections 518E.201 to 518E.205 granting custodial
responsibility terminates:
new text end

new text begin (1) if an agreement to terminate under paragraph (a) specifies a date for termination,
on that date; or
new text end

new text begin (2) if the agreement to terminate does not specify a date, on the date the agreement
to terminate is signed by the deploying parent and the other parent.
new text end

new text begin (c) In the absence of an agreement under paragraph (a) to terminate, an agreement
granting custodial responsibility terminates under sections 518E.201 to 518E.205 60 days
after the deploying parent gives notice, pursuant to section 518E.4011, to the other parent
that the deploying parent returned from deployment.
new text end

new text begin (d) If an agreement granting custodial responsibility was filed with a court pursuant
to section 518E.205, an agreement to terminate the agreement also must be filed with that
court within a reasonable time after the signing of the agreement. The case number and
heading of the case concerning custodial responsibility or child support must be provided
to the court with the agreement to terminate.
new text end

Sec. 2.

new text begin [518E.4011] RETURN FROM DEPLOYMENT; NOTIFICATION
REQUIREMENT.
new text end

new text begin (a) When a deploying parent returns from deployment and a custodial responsibility
order concerning the deploying parent's child has been previously issued by the court, the
deploying parent or the appropriate commanding officer must provide notice in a record
regarding the return of a deploying parent from deployment as provided in this section.
new text end

new text begin (b) The notice must be given not later than seven days after the deploying parent or the
appropriate commanding officer receives the deploying parent's conclusion of service order
or a letter from the deploying parent's command, on command letterhead, stating that the
deploying parent has concluded service, unless the deploying parent and the commanding
officer are reasonably prevented from doing so by the circumstances of the return from
deployment. If the circumstances of the return from deployment prevent giving notification
within seven days of receiving the deploying parent's conclusion of service order or a letter
from the deploying parent's command, on command letterhead, stating that the deploying
parent has concluded service, the deploying parent or the appropriate commanding officer
must give the notification of return from deployment as soon as reasonably possible.
new text end

new text begin (c) The notice of return from deployment must include the following:
new text end

new text begin (1) the names of both parents;
new text end

new text begin (2) the names of each child of the parents;
new text end

new text begin (3) the case number and the heading of the case concerning the custodial
responsibility or child support of the child;
new text end

new text begin (4) the IV-D number, if public assistance is involved; and
new text end

new text begin (5) the date of the deployed parent's return from deployment.
new text end

new text begin (d) The notice of return from deployment must be accompanied by the following:
new text end

new text begin (1) the conclusion of the deploying parent's service in that parent's service orders;
new text end

new text begin (2) the conclusion of the deploying parent's service as specified in that parent's
command service orders; or
new text end

new text begin (3) a letter from the deploying parent's command, on command letterhead, stating
that the deploying parent has concluded service.
new text end

new text begin (e) The notice of return from deployment must be filed with the court and served
by mail upon:
new text end

new text begin (1) the other parent of the child;
new text end

new text begin (2) a nonparent who was granted custodial responsibility; and
new text end

new text begin (3) the county attorney, if public assistance is involved.
new text end

new text begin (f) If a court order currently in effect prohibits disclosure of the address or contact
information of the other parent, notification of return from deployment under this section
may be made only to the issuing court. If the address of the other parent is available to the
issuing court, the court shall forward the notification to the other parent. The court shall
keep confidential the address or contact information of the other parent.
new text end

new text begin (g) Notification in a record under this section is not required if the parents are living
in the same residence immediately after the return from deployment and both parents have
actual notice of the return from deployment.
new text end

Sec. 3.

new text begin [518E.402] CONSENT PROCEDURE FOR TERMINATING GRANT OF
CUSTODIAL RESPONSIBILITY ESTABLISHED BY COURT ORDER.
new text end

new text begin At any time after a deploying parent returns from deployment, the deploying parent
and the other parent may file with the court an agreement to terminate an order for
custodial responsibility issued under sections 518E.301 to 518E.311. After an agreement
has been filed, the court shall issue an order terminating the order effective on the date
specified in the agreement. If a date is not specified, the order is effective immediately.
new text end

Sec. 4.

new text begin [518E.403] VISITATION BEFORE TERMINATION OF GRANT OF
CUSTODIAL RESPONSIBILITY.
new text end

new text begin After a deploying parent returns from deployment until an agreement or order for
custodial responsibility established under sections 518E.201 to 518E.205 or 518E.301
to 518E.311 is terminated, the court shall issue an order granting the deploying parent
reasonable contact with the child unless it is contrary to the best interest of the child,
even if the time of contact exceeds the time the deploying parent spent with the child
before deployment.
new text end

Sec. 5.

new text begin [518E.404] TERMINATION BY OPERATION OF LAW OF GRANT OF
CUSTODIAL RESPONSIBILITY ESTABLISHED BY COURT ORDER.
new text end

new text begin (a) If an agreement between the parties to terminate an order for custodial
responsibility under sections 518E.301 to 518E.311 has not been filed, the order terminates
60 days after the deploying parent or the appropriate commanding officer gives notice
as prescribed by section 518E.4011. If notice of return from deployment is not given as
provided in section 518E.4011, the order for custodial responsibility is terminated by
operation of law as of the date that the deploying parent's conclusion of service order is
issued, and the court shall address future custody and related matters accordingly.
new text end

new text begin (b) A proceeding seeking to prevent termination of an order for custodial
responsibility is governed by law of this state other than this chapter.
new text end

ARTICLE 5

MISCELLANEOUS PROVISIONS

Section 1.

new text begin [518E.501] UNIFORMITY OF APPLICATION AND
CONSTRUCTION.
new text end

new text begin In applying and construing this chapter, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end

Sec. 2.

new text begin [518E.502] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT.
new text end

new text begin This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
National Commerce Act, United States Code, title 15, section 7001, et seq., but does not
modify, limit, or supersede section 101(c) of that act; United States Code, title 15, section
7001(c); or authorize electronic delivery of any of the notices described in section 103(b)
of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 3.

new text begin [518E.503] SAVINGS CLAUSE.
new text end

new text begin This chapter does not affect the validity of a court order concerning custodial
responsibility during deployment which was entered before August 1, 2015.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This chapter is effective August 1, 2015.
new text end