(a) A court may issue an order regarding custodial responsibility under this article only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
(b) If a court has issued a temporary order regarding custodial responsibility pursuant to this article, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act during the deployment.
(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 the provisions of this article, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed because of the deployment for the purposes of the Uniform Child Custody Jurisdiction and Enforcement Act.
(e) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 31. Uniform Deployed Parents Custody and Visitation Act
§48-31-103. Remedies for Noncompliance
§48-31-105. Notification Required of Deploying Parent
§48-31-106. Duty to Notify of Change of Address
§48-31-107. General Consideration in Custody Proceeding of Parent’s Military Service
§48-31-201. Form of Agreement Addressing Custodial Responsibility During Deployment
§48-31-202. Nature of Authority Created by Agreement
§48-31-203. Modification of Agreement
§48-31-205. Filing Agreement or Power of Attorney With Court
§48-31-301. Proceeding for Temporary Custody Order
§48-31-303. Testimony by Electronic Means
§48-31-304. Effect of Prior Judicial Order or Agreement
§48-31-305. Grant of Caretaking or Decision-Making Authority to Nonparent
§48-31-306. Grant of Limited Contact
§48-31-307. Nature of Authority Created by Temporary Custody Order
§48-31-308. Content of Temporary Custody Order
§48-31-309. Order for Child Support
§48-31-310. Modifying or Terminating Grant of Custodial Responsibility to Nonparent
§48-31-403. Visitation Before Termination of Temporary Grant of Custodial Responsibility
§48-31-501. Uniformity of Application and Construction
§48-31-502. Relation to Electronic Signatures in Global and National Commerce Act