(a) Except as otherwise provided in subsection (c) or (d) of this section, a deploying parent shall notify in a record the other parent of a pending deployment not later than seven days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the seven days, the deploying parent shall give the notification as soon as reasonably possible.
(b) Except as otherwise provided in subsection (c) or (d) of this section, each parent shall provide in a record the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a) of this section.
(c) 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) of this section, or notification of a plan for custodial responsibility during deployment under subsection (b) of this section, may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
(d) Notification in a record under subsection (a) or (b) of this section 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 responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.
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