Section 9-21-302 - 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 the Servicemembers Civil Relief Act, 50 U.S.C. §§ 3931 and 3932. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.(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 § 9-21-104 or, if there is no pending proceeding in a court with jurisdiction under § 9-21-104, in a new action for granting custodial responsibility during deployment.Added by Act 2015, No. 1213,§ 1, eff. 7/22/2015