25-4B-302.Proceeding for temporary custody order.
(a) After a deploying parent receives an official order to deploy 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. Appendix Sections 521 and 522. 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 an official order to deploy, 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 §25-4B-104, or if there is no pending proceeding in a court with jurisdiction under §25-4B-104, in a new action for granting custodial responsibility during deployment.
Source: SL 2014, ch 123, §14.
Structure South Dakota Codified Laws
Chapter 04B - Uniform Deployed Parents Custody And Visitation Act
Section 25-4B-101 - Short title.
Section 25-4B-102 - Definitions.
Section 25-4B-103 - Remedies for noncompliance.
Section 25-4B-104 - Jurisdiction.
Section 25-4B-105 - Notification required of deploying parent.
Section 25-4B-106 - Duty to notify of change of address.
Section 25-4B-107 - General consideration in custody proceeding of parent's military service.
Section 25-4B-201 - Form of agreement.
Section 25-4B-202 - Nature of authority created by agreement.
Section 25-4B-203 - Modification of agreement.
Section 25-4B-204 - Power of attorney.
Section 25-4B-205 - Filing agreement or power of attorney with court.
Section 25-4B-301 - Close and substantial relationship defined.
Section 25-4B-302 - Proceeding for temporary custody order.
Section 25-4B-303 - Expedited hearing.
Section 25-4B-304 - Testimony by electronic means.
Section 25-4B-305 - Effect of prior judicial order or agreement.
Section 25-4B-306 - Grant of caretaking or decision-making authority to nonparent.
Section 25-4B-307 - Grant of limited contact.
Section 25-4B-308 - Nature of authority created by temporary custody order.
Section 25-4B-309 - Content of temporary custody order.
Section 25-4B-310 - Order for child support.
Section 25-4B-311 - Modifying or terminating grant of custodial responsibility to nonparent.
Section 25-4B-403 - Visitation before termination of temporary grant of custodial responsibility.
Section 25-4B-501 - Uniformity of application and construction.
Section 25-4B-502 - Relation to Electronic Signatures in Global and National Commerce Act.