Chapter 39a

7 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 1 CHAPTER 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT SOURCE : Entire chapter added by P.L. 33-167:2 (June 30, 2 016). Article 1. General Provisions. Article 2. Agreement Addressing Custodial Responsib ility During Deployment. Article 3. Judicial Procedure for Granting Custodia l Responsibility During Deployment. Article 4. Return from Deployment. Article 5. Miscellaneous Provisions. ARTICLE 1 GENERAL PROVISIONS § 39A101. Short Title. § 39A102. Definitions. § 39A103. Remedies for Noncompliance. § 39A104. Jurisdiction. § 39A105. Notification Required of Deploying Parent . § 39A106. Duty to Notify of Change of Address. § 39A107. General Consideration in Custody Proceedi ng of Parent’s Military Service. § 39A101. Short Title. Sections 39A102 through 39A503, inclusive, of this Act shal l be known and may be cited as the 'Uniform Deployed Par ents Custody and Visitation Act (UDPCVA).' § 39A102. Definitions. (a) Adult means an individual who has attained eigh teen (18) years of age or an emancipated minor.

ited as the 'Uniform Deployed Par ents Custody and Visitation Act (UDPCVA).' § 39A102. Definitions. (a) Adult means an individual who has attained eigh teen (18) years of age or an emancipated minor. (b) Caretaking authority means the right to live wi th and care for a child on a day-to-day basis. The term includes phys ical custody, parenting time, right to access, and visitation. (c) Child means: COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 2 (1) an unemancipated individual who has not attaine d eighteen (18) years of age; or (2) an adult son or daughter by birth or adoption, or under law of this state other than this Act, who is the subject of a court order concerning custodial responsibility. (d) Court means a tribunal, including an administra tive agency, authorized under law of Guam other than this Act to make, enforce, or modify a decision regarding custodial responsibilit y. (e) Custodial responsibility includes all powers an d 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

ties 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. (f) Decision-making authority means the power to ma ke important decisions regarding a child, including decisions re garding the child’s education, religious training, health care, extracu rricular activities, and travel. The term does not include the power to mak e decisions that necessarily accompany a grant of caretaking authori ty. (g) Deploying parent means a service member who is deployed or has been notified of impending deployment, and is: (1) a parent of a child under law of this state oth er than this Act; or (2) an individual who has custodial responsibility for a child under law of this state other than this Act. (h) Deployment means the movement or mobilization o f a service member for more than ninety (90) days, but less tha n eighteen (18) months pursuant to uniformed service orders that: (1) are designated as unaccompanied; (2) do not authorize dependent travel; or (3) otherwise do not permit the movement of family members to the location

hs pursuant to uniformed service orders that: (1) are designated as unaccompanied; (2) do not authorize dependent travel; or (3) otherwise do not permit the movement of family members to the location to which the service member is deploye d. (i) Family member means a sibling, aunt, uncle, cou sin, stepparent, grandparent, or legal guardian of a child or an ind ividual recognized to be in a familial relationship with a child under law of t his state other than this Act. COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 3 (j) Limited contact means the authority of a nonpar ent 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. (k) Nonparent means an individual other than a depl oying parent or other parent. (l) Other parent means an individual who, in common with a deploying parent, is: (1) a parent of a child under law of this state oth er than this Act; or (2) an individual who has custodial responsibility for a child under law of this state other than this Act.

loying parent, is: (1) a parent of a child under law of this state oth er than this Act; or (2) an individual who has custodial responsibility for a child under law of this state other than this Act. (m) 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. (n) Return from deployment means the conclusion of a service member’s deployment as specified in uniformed servi ce orders. (o) Service member means a member of a uniformed se rvice. (p) Sign means, with present intent to authenticate or adopt a record: (1) to execute or adopt a tangible symbol; or (2) to attach to or logically associate with the re cord an electronic symbol, sound, or process. (q) State means a state of the United States, the D istrict of Columbia, American Samoa, Guam, the Commonwealth of the North ern Mariana Islands, Puerto Rico, the United States Virgin Isla nds, or any territory or insular possession subject to the jurisdiction of t he United States. (r) Uniformed service means: (1) active and reserve components of the Army, Navy , Air Force, Marine Corps, or Coast Guard of the United States; (2) the

ect to the jurisdiction of t he United States. (r) Uniformed service means: (1) active and reserve components of the Army, Navy , Air Force, Marine Corps, or Coast Guard of the United States; (2) the United States Merchant Marine; (3) the commissioned corps of the United States Pub lic Health Service; COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 4 (4) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or (5) the National Guard of a state or U.S. territory or possession. § 39A103. Remedies for Noncompliance. In addition to other remedies under law of Guam oth er than this Act, if a court finds that a party to a proceeding under th is Act has acted in bad faith or intentionally failed to comply with this Act or a court order issued under this Act, the court may assess reasonable attorney’ s fees and costs against the party and order other appropriate relief. § 39A104. Jurisdiction. (a) A court may issue an order regarding custodial responsibility under this Act only if the court has jurisdiction under t he Uniform Child Custody Jurisdiction and Enforcement Act.

4. Jurisdiction. (a) A court may issue an order regarding custodial responsibility under this Act only if the court has jurisdiction under t he Uniform Child Custody Jurisdiction and Enforcement Act. (b) If a court has issued a temporary order regardi ng custodial responsibility pursuant to Article 3, the residence of the deploying parent is not changed by reason of the deployment for the pur poses of the Uniform Child Custody Jurisdiction and Enforcement Act duri ng the deployment. (c) If a court has issued a permanent order regardi ng custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Article 2, the residence of the deploying parent is not changed by reason of the de ployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act. (d) If a court in another state has issued a tempor ary order regarding custodial responsibility as a result of impending o r current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Cu stody Jurisdiction and Enforcement Act.

of impending o r current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Cu stody Jurisdiction and Enforcement Act. (e) This Section does not prevent a court from exer cising temporary emergency jurisdiction under the Uniform Child Cust ody Jurisdiction and Enforcement Act. § 39A105. Notification Required of Deploying Paren t. (a) Except as otherwise provided in Subsection (d) and subject to Subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment no later than seven (7) days a fter receiving notice of COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 5 deployment unless reasonably prevented from doing s o by the circumstances of service. If the circumstances of service prevent giving notification within the seven (7) days, the deploying parent shall give the notification as soon as reasonably possible. (b) Except as otherwise provided in Subsection (d) and subject to Subsection (c), each parent shall provide in a reco rd the other parent with a plan for fulfilling that parent’s share of custodia l responsibility

otherwise provided in Subsection (d) and subject to Subsection (c), each parent shall provide in a reco rd the other parent with a plan for fulfilling that parent’s share of custodia l responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under Subsection (a). (c) Disclosure of addresses and contact information shall comply with 19 GCA §§ 5122-5123. If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under Subsection (a), or notification of a plan for custodial responsibility during deployment under Su bsection (b), may be made only to the issuing court. If the address of t he other parent is available to the issuing court, the court shall forward the n otification to the other parent. The court shall keep confidential the addr ess or contact information of the other parent. (d) Notification in a record under Subsections (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.

other parent. (d) Notification in a record under Subsections (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. (e) In a proceeding regarding custodial responsibil ity, a court may consider the reasonableness of a parent’s efforts t o comply with this Section. § 39A106. Duty to Notify of Change of Address. (a) Except as otherwise provided in Subsection (b), an individual to whom custodial responsibility has been granted duri ng deployment pursuant to Articles 2 or 3 shall notify the deploying paren t and any other individual with custodial responsibility of a child of any cha nge of the individual’s mailing address or residence until the grant is ter minated. The individual shall provide the notice to any court that has issu ed a custody or child support order concerning the child which is in effe ct. (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 und er Subsection (a) may be made only to the court that issued the order.

ure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification und er Subsection (a) may be made only to the court that issued the order. The c ourt shall keep COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 6 confidential the mailing address or residence of th e individual to whom custodial responsibility has been granted. § 39A107. General Consideration in Custody Proceed ing of Parent’s Military Service. In a proceeding for custodial responsibility of a c hild of a service member, a court may not consider a parent’s past de ployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best int erest of the child of the parent’s past or possible future deployment. ---------- ARTICLE 2 AGREEMENT ADDRESSING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT § 39A201. Form of Agreement. § 39A202. Nature of Authority Created by Agreement. § 39A203. Modification of Agreement. § 39A204. Power of Attorney. § 39A205. Filing Agreement of Power of Attorney wit h Court. § 39A201. Form of Agreement.

. Nature of Authority Created by Agreement. § 39A203. Modification of Agreement. § 39A204. Power of Attorney. § 39A205. Filing Agreement of Power of Attorney wit h Court. § 39A201. Form of Agreement. (a) The parents of a child may enter into a tempora ry agreement under this Article granting custodial responsibility duri ng deployment. (b) An agreement under Subsection (a) must be: (1) in writing; and (2) signed by both parents and any nonparent to who m custodial responsibility is granted. (c) Subject to Subsection (d), an agreement under S ubsection (a), if feasible, must: (1) identify the destination, duration, and conditi ons of the deployment that is the basis for the agreement; (2) specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonpare nt; COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 7 (3) specify any decision-making authority that acco mpanies a grant of caretaking authority; (4) specify any grant of limited contact to a nonpa rent; (5) if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonpa rents, provide a process

(4) specify any grant of limited contact to a nonpa rent; (5) if under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonpa rents, provide a process to resolve any dispute that may arise; (6) specify the frequency, duration, and means, inc luding electronic means, by which the deploying parent wil l have contact with the child, any role to be played by the other paren t in facilitating the contact, and the allocation of any costs of contact ; (7) specify the contact between the deploying paren t and child during the time the deploying parent is on leave or is otherwise available; (8) acknowledge that any party’s child-support obli gation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court; (9) provide that the agreement will terminate accor ding to the procedures under Article 4 after the deploying pare nt returns from deployment; and (10) if the agreement must be filed pursuant to § 3 9A205, specify which parent is required to file the agreement.

procedures under Article 4 after the deploying pare nt returns from deployment; and (10) if the agreement must be filed pursuant to § 3 9A205, specify which parent is required to file the agreement. (d) The omission of any of the items specified in S ubsection (c) does not invalidate an agreement under this Section. § 39A202. Nature of Authority Created by Agreement. (a) An agreement under this Article is temporary an d terminates pursuant to Article 4 after the deploying parent re turns from deployment, unless the agreement has been terminated before tha t time by court order or modification under § 39A203. The agreement does not create an independent, continuing right to caretaking authori ty, decision-making authority, or limited contact in an individual to w hom custodial responsibility is given. (b) A nonparent who has caretaking authority, decis ion-making authority, or limited contact by an agreement under this Article has standing COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 8 to enforce the agreement until it has been terminat ed by court order, by modification under § 39A203, or under Article 4. § 39A203.

DURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 8 to enforce the agreement until it has been terminat ed by court order, by modification under § 39A203, or under Article 4. § 39A203. Modification of Agreement. (a) By mutual consent, the parents of a child may m odify an agreement regarding custodial responsibility made p ursuant to this Article. (b) If an agreement is modified under Subsection (a ) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will e xercise custodial responsibility under the modified agreement. (c) If an agreement is modified under Subsection (a ) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will e xercise custodial responsibility under the modified agreement. § 39A204. Power of Attorney. A deploying parent, by power of attorney, may deleg ate 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 Act, or if a court order currently in effect prohibits contact

ult nonparent for the period of deployment if no other parent possesses custodial responsibility under law of this state other than this Act, 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 th e power. § 39A205. Filing Agreement of Power of Attorney with Court. An agreement or power of attorney under this Articl e must be filed within a reasonable time with any court that has en tered an order on custodial responsibility or child support that is i n effect concerning the child who is the subject of the agreement or power. The c ase number and heading of the pending case concerning custodial responsibi lity or child support must be provided to the court with the agreement or powe r. ---------- ARTICLE 3 JUDICIAL PROCEDURE FOR GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT § 39A301. Definition. § 39A302. Proceeding for Temporary Custody Order. COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 9 § 39A303. Expedited Hearing. § 39A304. Testimony by Electronic Means. § 39A305.

Temporary Custody Order. COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 9 § 39A303. Expedited Hearing. § 39A304. Testimony by Electronic Means. § 39A305. Effect of Prior Judicial Order or Agreeme nt. § 39A306. Grant of Caretaking or Decision-Making Au thority to Non Parent. § 39A307. Grant of Limited Contact. § 39A308. Nature of Authority Created by Temporary Custody Order. § 39A309. Content of Temporary Custody Order. § 39A310. Order for Child Support. § 39A311. Modifying or Terminating Grant of Custodi al Responsibility to Nonparent. § 39A301. Definition. In this Article, close and substantial relationship means a relationship in which a significant bond exists between a child and a nonparent. § 39A302. Proceeding for Temporary Custody Order. (a) After a deploying parent receives notice of dep loyment and until the deployment terminates, a court may issue a temp orary order granting custodial responsibility unless prohibited by the S ervicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522 . A court may not issue a permanent order granting custodial responsi bility without the consent of the deploying parent.

the S ervicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522 . A court may not issue a permanent order granting custodial responsi bility without the consent of the deploying parent. (b) At any time after a deploying parent receives n otice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pe nding proceeding for custodial responsibility in a court with jurisdicti on under § 39A104 or, if there is no pending proceeding in a court with juri sdiction under § 39A104, in a new action for granting custodial responsibili ty during deployment. § 39A303. Expedited Hearing. If a motion to grant custodial responsibility is fi led under § 39A302 (b) before a deploying parent deploys, the court shall conduct an expedited hearing. § 39A304. Testimony by Electronic Means. In a proceeding under this Article, a party or witn ess who is not reasonably available to appear personally may appear, provide testimony, and present COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 10 evidence by electronic means unless the court finds good cause to require

rovide testimony, and present COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 10 evidence by electronic means unless the court finds good cause to require a personal appearance. § 39A305. Effect of Prior Judicial Order or Agreement. In a proceeding for a grant of custodial responsibi lity pursuant to this Article, the following rules apply: (a) A prior judicial order designating custodial re sponsibility in the event of deployment is binding on the court unl ess the circumstances meet the requirements of law of this state other than this Act for modifying a judicial order regarding custod ial responsibility. (b) The court shall enforce a prior written agreeme nt between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under A rticle 2, unless the court finds that the agreement is contrary to t he best interest of the child. § 39A306. Grant of Caretaking or Decision-Making Authority to Non Parent. (a) On motion of a deploying parent and in accordan ce with law of this state other than this Act, if it is in the bes t interest of the child, a court may grant caretaking

g Authority to Non Parent. (a) On motion of a deploying parent and in accordan ce with law of this state other than this Act, if it is in the bes t interest of the child, a court may grant caretaking authority to a nonparent who i s an adult family member of the child or an adult with whom the child has a close and substantial relationship. (b) Unless a grant of caretaking authority to a non parent under Subsection (a) is agreed to by the other parent, th e grant is limited to an amount of time not greater than: (1) the amount of time granted to the deploying par ent under a permanent custody order, but the court may add unus ual travel time necessary to transport the child; or (2) in the absence of a permanent custody order tha t is currently in effect, the amount of time that the deploying pa rent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the chil d. (c) A court may grant part of a deploying parent’s decision-making authority, if the deploying parent is unable to exe rcise that authority, to a nonparent who is an adult family member of the chil d or an adult with whom the child has a close

rent’s decision-making authority, if the deploying parent is unable to exe rcise that authority, to a nonparent who is an adult family member of the chil d or an adult with whom the child has a close and substantial relationship. If a court grants the COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 11 authority to a nonparent, the court shall specify t he decision-making powers granted, including decisions regarding the child’s education, religious training, health care, extracurricular activities, and travel. § 39A307. Grant of Limited Contact. On motion of a deploying parent, and in accordance with law of this state other than this Act unless the court finds th at 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. § 39A308. Nature of Authority Created by Temporary Custody Or der. (a) A grant of authority under this Article is temp orary and terminates under Article 4 after the return from deployment of the deploying parent, unless the grant has been

Temporary Custody Or der. (a) A grant of authority under this Article is temp orary and terminates under Article 4 after the return from deployment of the deploying parent, unless the grant has been terminated before that ti me by court order. The grant does not create an independent, continuing ri ght to caretaking authority, decision-making authority, or limited co ntact in an individual to whom it is granted. (b) A nonparent granted caretaking authority, decis ion-making authority, or limited contact under this Article ha s standing to enforce the grant until it is terminated by court order or unde r Article 4. § 39A309. Content of Temporary Custody Order. (a) An order granting custodial responsibility unde r this Article must: (1) designate the order as temporary; and (2) identify to the extent feasible the destination , duration, and conditions of the deployment. (b) If applicable, an order for custodial responsib ility under this Article must: (1) specify the allocation of caretaking authority, decision- making authority, or limited contact among the depl oying parent, the other parent, and any nonparent; (2) if the order divides caretaking or decision-mak ing authority

aretaking authority, decision- making authority, or limited contact among the depl oying parent, the other parent, and any nonparent; (2) if the order divides caretaking or decision-mak ing authority between individuals, or grants caretaking authority to one (1) individual and limited contact to another, provide a process t o resolve any dispute that may arise; COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 12 (3) provide for liberal communication between the d eploying parent and the child during deployment, including t hrough electronic means, unless contrary to the best interest of the child, and allocate any costs of communications; (4) provide for liberal contact between the deployi ng parent and the child during the time the deploying parent is o n leave or otherwise available, unless contrary to the best interest of the child; (5) provide for reasonable contact between the depl oying parent and the child after return from deployment until th e temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the tem porary order; and (6) provide that the order

t until th e temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the tem porary order; and (6) provide that the order will terminate pursuant to Article 4 after the deploying parent returns from deployment. § 39A310. Order for Child Support. If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking author ity has been executed under Article 2, the court may enter a temporary or der for child support consistent with law of this state other than this A ct if the court has jurisdiction under the Uniform Interstate Family Su pport Act. § 39A311. Modifying or Terminating Grant of Custodial Respons ibility to Nonparent. (a) Except for an order under § 39A305, except as o therwise provided in Subsection (b), and consistent with the Servicem embers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom caretaking au thority, decision- making authority, or limited contact has been grant ed, the court may modify or terminate the grant if the modification or termi nation is consistent

onparent to whom caretaking au thority, decision- making authority, or limited contact has been grant ed, the court may modify or terminate the grant if the modification or termi nation is consistent with this Article and it is in the best interest of the child. A modification is temporary and terminates pursuant to Article 4 afte r the deploying parent returns from deployment, unless the grant has been terminated before that time by court order. (b) On motion of a deploying parent, the court shal l terminate a grant of limited contact. ---------- COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 13 ARTICLE 4 RETURN FROM DEPLOYMENT § 39A401. Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Agreement. § 39A402. Consent Procedure for Terminating Tempora ry Grant of Custodial Responsibility Established by Court Order . § 39A403. Visitation Before Termination of Temporar y Grant of Custodial Responsibility. § 39A404. Termination by Operation of Law of Tempor ary Grant of Custodial Responsibility Established by Court Order . § 39A401.

on Before Termination of Temporar y Grant of Custodial Responsibility. § 39A404. Termination by Operation of Law of Tempor ary Grant of Custodial Responsibility Established by Court Order . § 39A401. Procedure for Terminating Temporary Grant of Custod ial Responsibility Established by Agreement. (a) At any time after return from deployment, a tem porary agreement granting custodial responsibility under Article 2 m ay be terminated by an agreement to terminate signed by the deploying pare nt and the other parent. (b) A temporary agreement under Article 2 granting custodial responsibility terminates: (1) if an agreement to terminate under Subsection ( a) specifies a date for termination, on that date; or (2) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the de ploying parent and the other parent. (c) In the absence of an agreement under Subsection (a) to terminate, a temporary agreement granting custodial responsibili ty terminates under Article 2 sixty (60) days after the deploying paren t gives notice to the other parent that the deploying parent returned from depl oyment.

reement granting custodial responsibili ty terminates under Article 2 sixty (60) days after the deploying paren t gives notice to the other parent that the deploying parent returned from depl oyment. (d) If a temporary agreement granting custodial res ponsibility was filed with a court pursuant to § 39A205, an agreeme nt to terminate the temporary agreement also must be filed with that co urt within a reasonable time after the signing of the agreement. The case n umber and heading of the case concerning custodial responsibility or child s upport must be provided to the court with the agreement to terminate. § 39A402. Consent Procedure for Terminating Temporary Grant o f Custodial Responsibility Established by Court Order . COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 14 At any time after a deploying parent returns from d eployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for custodial respon sibility issued under Article 3. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the da te specified in the

y order for custodial respon sibility issued under Article 3. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the da te specified in the agreement. If a date is not specified, the order is effective immediately. § 39A403. Visitation Before Termination of Temporary Grant of Custodial Responsibility. After a deploying parent returns from deployment un til a temporary agreement or order for custodial responsibility est ablished under Article 2 or 3 is terminated, the court shall issue a temporary 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 con tact exceeds the time the deploying parent spent with the child before deploy ment. § 39A404. Termination by Operation of Law of Temporary Grant of Custodial Responsibility Established by Court Order . (a) If an agreement between the parties to terminat e a temporary order for custodial responsibility under Article 3 has no t been filed, the order terminates sixty (60) days after the deploying pare nt gives notice to the other parent and any nonparent granted custodial responsi

dial responsibility under Article 3 has no t been filed, the order terminates sixty (60) days after the deploying pare nt gives notice to the other parent and any nonparent granted custodial responsi bility that the deploying parent has returned from deployment. (b) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by l aw of this state other than this Act. ---------- ARTICLE 5 MISCELLANEOUS PROVISIONS § 39A501. Uniformity of Application and Constructio n. § 39A502. Relation to Electronic Signatures in Glob al and National Commerce Act. § 39A503. Savings Clause. COL5/7/20197 GCA CIVIL PROCEDURE CH. 39A UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT 15 § 39A501. Uniformity of Application and Construction. In applying and construing this Uniform Act, consid eration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. § 39A502. Relation to Electronic Signatures in Global and Nat ional Commerce Act. This Act modifies, limits, or supersedes the Electr onic Signatures in Global and National Commerce Act, 15 U.S.C.

t. § 39A502. Relation to Electronic Signatures in Global and Nat ional Commerce Act. This Act modifies, limits, or supersedes the Electr onic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery o f any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b). § 39A503. Savings Clause. This Act does not affect the validity of a temporar y court order concerning custodial responsibility during deployme nt which was entered before. ---------- COL5/7/2019