A BILL TO BE ENTITLED AN ACT TO ADOPT THE UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT.
Identical to H 139, filed 2/20/13.
Repeals GS 50-13.7A regarding custody and visitation when a custodial parent receives temporary duty, deployment, or mobilization orders from the military. Amends GS Chapter 50A to enact new Article 3, the Uniform Deployed Parents Custody and Visitation Act.
Provides definitions for terms as they apply in New Article 3. Defines deployment as the movement or mobilization of a service member to a location for more than 90 days but less than 18 months, due to an official order that (1) is designated as unaccompanied, (2) does not authorize dependent travel, or (3) otherwise does not allow the movement of family members to that location. Includes remedies for noncompliance with the requirements of this Article or a court order issued under this Article, allowing the court to assess reasonable attorneys' fees and costs against the opposing party and other appropriate relief. Specifies that a court must have jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) to issue an order regarding custodial responsibility under new Article 3. Specifies when the residency of a deploying parent is not changed by reason of the deployment for the duration of the deployment, and that this section does not prohibit a court from exercising temporary emergency jurisdiction under the UCCJEA.
Includes provisions requiring a deploying parent to provide notice of a pending deployment to the other parent within seven days of receiving the deployment notice. Also requires notice of any change of address by the parent to whom custody has been assigned during a deployment.
Allows parents to enter into a temporary agreement granting custodial responsibility during deployment. Defines the nature of the authority granted by the temporary agreement.
Allows for modification by mutual consent of the parents regarding the custodial responsibility agreement made under this Article.
Permits a custodial parent to transfer custodial responsibility to an adult non-parent via a power of attorney if the other parent does not have custodial responsibility or if an existing court order prohibits contact between the child and the other parent. Requires that the power of attorney be filed in any court that has an existing custody order or child support order concerning the child.
Specifies guidelines covering proceedings for a temporary custody order. Directs the court to hold an expedited hearing if a motion for custody is filed before the deploying parent is deployed. Allows testimony by electronic means if a party or witness is not reasonably available to personally appear.
Also covers the following matters: (1) the effect of a prior judicial decree or agreement on custodial proceedings under this section, (2) the granting of caretaking or decision-making authority to a non-parent, (3) granting of limited contact to a non-parent, and (4) the nature of the authority created by a court order.
Declares that a custody order granted under this Article is temporary and delineates the custody provisions with which the temporary order must comply. Authorizes the court to enter a temporary child support order consistent with the laws of North Carolina if the court has jurisdiction under the Uniform Interstate Family Support Act under GS Chapter 52C.
Provides guidelines and conditions under which a court may modify or terminate the assignment of custody to a non-parent.
Permits a temporary custodial responsibility agreement created under this Article to be terminated by the deploying parent and the other parent signing an agreement to terminate. Provides a schedule for the termination or a temporary agreement in the absence of an agreement to terminate.
Also allows for termination of a temporary custody agreement under this Article by operation of law and by a consent agreement. Also provides for visitation before the termination of a temporary custody agreement.
Directs that this Article should be applied and construed to promote uniformity of the law with respect to its subject matter among states that enact it. Provides that this Article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001, et. seq. but does not modify, limit, or supersede section 101(c) of that act, 15 USC Section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 USC Section 7003(b).
Provides that nothing in this proposed Article 3 of GS Chapter 50A is to affect the validity of a temporary court order for custodial responsibility during a military deployment entered into before the effective date of this act.
Directs the Revisor of Statutes to add as annotations to the published General Statutes all relevant parts of the Official Comment to the Uniform Deployed Parents Custody and Visitation Act as the Revisor deems appropriate.
Makes a conforming change to GS 50-13.2. Also adds a new subdivision (f) to this statute to provide that in a custody proceeding for a minor child of a service member, a court may not consider a parent's past deployment or possible future deployment as the only basis for determining the best interest of the child. Does allow the court to consider any significant impact of the parent's past or possible future deployment on the best interest of the child.
© 2022 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.