West Virginia Code
Article 31. Uniform Deployed Parents Custody and Visitation Act
§48-31-308. Content of Temporary Custody Order


(a) An order granting custodial responsibility under this article shall:
(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 responsibility under this article shall:
(1) Specify the allocation of caretaking authority, decision-making authority or limited contact among the deploying parent, the other parent, and any nonparent;
(2) If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;
(3) Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;
(4) Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;
(5) Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and
(6) Provide that the order will terminate pursuant to the provisions of this article after the deploying parent returns from deployment.

Structure West Virginia Code

West Virginia Code

Chapter 48. Domestic Relations

Article 31. Uniform Deployed Parents Custody and Visitation Act

§48-31-101. Short Title

§48-31-102. Definitions

§48-31-103. Remedies for Noncompliance

§48-31-104. Jurisdiction

§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

§48-31-204. Power of Attorney

§48-31-205. Filing Agreement or Power of Attorney With Court

§48-31-301. Proceeding for Temporary Custody Order

§48-31-302. Expedited Hearing

§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

§48-31-401. Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Agreement

§48-31-402. Consent Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Court Order

§48-31-403. Visitation Before Termination of Temporary Grant of Custodial Responsibility

§48-31-404. Termination by Operation of Law of Temporary Grant of Custodial Responsibility Established by Court Order

§48-31-501. Uniformity of Application and Construction

§48-31-502. Relation to Electronic Signatures in Global and National Commerce Act

§48-31-503. Savings Clause