324.31 Proceeding for temporary deployment custody order.
(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility, unless prohibited by the Servicemembers Civil Relief Act, 50 USC Appendix 521 and 522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2) At any time after a deploying parent receives notice of deployment, the deploying parent or other parent may file a motion regarding custodial responsibility for a child during deployment. The motion shall be filed in an underlying action affecting the family under ch. 767 for custodial responsibility in a court with jurisdiction under s. 324.04 or, if there is no underlying action affecting the family under ch. 767 in a court with jurisdiction under s. 324.04, in a new action for granting custodial responsibility during deployment.
History: 2021 a. 161.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 324 - Deployed parents custody and visitation.
324.03 - Remedies for noncompliance.
324.05 - Notification required by deploying parent.
324.06 - Duty to notify of change of address.
324.22 - Nature of authority created by agreement.
324.23 - Modification of agreement.
324.25 - Filing agreement with court.
324.31 - Proceeding for temporary deployment custody order.
324.33 - Testimony by electronic means.
324.34 - Effect of prior judicial order or agreement.
324.345 - Best interest of the child.
324.35 - Grant of physical placement to nonparent.
324.37 - Nature of authority created by temporary custodial responsibility order.
324.38 - Content of temporary custodial responsibility order.
324.39 - Order for child support.
324.395 - Modifying or terminating grant of custodial responsibility to nonparent.
324.42 - Uniformity of application and construction.
324.43 - Relation to Electronic Signatures in Global and National Commerce Act.